Legal Opinion

McDevitt v. Waple & James, Inc.

District of Columbia Court of Appeals

Decided October 1, 1943No. 124PublishedCited by 9 opinions

1Opinion of the Court

CAYTON, Associate Judge.

For convenience the parties will be designated as in the trial court.

Plaintiff negotiated, in cooperation with defendant, a sale of certain real estate for which defendant had an exclusive agency. The contract of sale was drawn by defendant on its printed form, and contained this clause: “Amos W. McDevitt of Service Realty Company to receive one-half of commission.” The total commission was $465. Instead of paying plaintiff one-half of that amount, defendant first deducted a listing commission of $46.50, leaving a net of $418.50, of which $209.25 was paid the…

2Cases cited8 opinions

  1. Parker v. Motor Boat Sales, Inc.Supreme Court of the United States · 1942
  2. Chicago, M. & St. P. Ry. Co. v. LindemanCourt of Appeals for the Eighth Circuit · 1906
  3. District Hauling & Construction Co. v. ArgerakisDistrict of Columbia Court of Appeals · 1943
  4. Meyer v. Capital Transit Co.District of Columbia Court of Appeals · 1943
  5. United States Shipping Board Emergency Fleet Corp. v. LevensalerDistrict Court, District of Columbia · 1923

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Smith v. United StatesDistrict of Columbia Court of Appeals · 1990
  2. Howard University v. BestDistrict of Columbia Court of Appeals · 1988
  3. Klein v. MilesDistrict of Columbia Court of Appeals · 1944
  4. Collins v. United StatesDistrict of Columbia Court of Appeals · 1945
  5. Lucas v. Auto City Parking Co.District of Columbia Court of Appeals · 1948

4 more not listed; retrieve them via the Exa API.

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