Harris v. Van Vranken
North Dakota Supreme Court
From a judgment of the District Court of Burleigh County, Nuessle, J., defendant appeals. “Verbal” offers to agent are not sufficient; they must be made to principal. Johnson Bros. v. Wright, 124 Iowa, 61, 99 N. W. 103. Where compensation is not fixed by contract, recovery must be on basis of quantum meruit. Boysen v. Robertson, 70 Ark. 56, 68 S. W. 243; Ford v. Brown, 120 Cal. 551, 52 Pae. 817; Kennedy v. Meriekel, 8 Cal. App. 378, 97 Pac. 82; Turnley v. Michael, 4 Tex.
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From a judgment of the District Court of Burleigh County, Nuessle, J., defendant appeals. “Verbal” offers to agent are not sufficient; they must be made to principal. Johnson Bros. v. Wright, 124 Iowa, 61, 99 N. W. 103. Where compensation is not fixed by contract, recovery must be on basis of quantum meruit. Boysen v. Robertson, 70 Ark. 56, 68 S. W. 243; Ford v. Brown, 120 Cal. 551, 52 Pae. 817; Kennedy v. Meriekel, 8 Cal. App. 378, 97 Pac. 82; Turnley v. Michael, 4 Tex. App. Civ. Cas. (Willson) 363, 15 S. W. 912; Chezum v. Kreigbaum, 4 Wash. 680, 30 Pac. 1098, 32 Pac. 109; Matheney v. Godin,…
1Opinion of the CourtGoss, J.
This action is by real estate brokers to recover damages for defendant’s breach of contract in refusing to convey to a third person a section of land belonging to defendant, and for which plaintiffs had, at his solicitation, secured said third person as a purchaser, and who had agreed with defendant to buy. The plaintiffs’ damages arise from defendant preventing their securing commissions from the purchaser by breaching the contract. A general demurrer was interposed *243to the complaint, and the order overruling it is the first error assigned. The material parts of the complaint will be set…
2Cases cited46 opinions
- Brackenridge v. Claridge & PayneTexas Supreme Court · 1898
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Dotson v. MillikenSupreme Court of the United States · 1908
- McFarland v. LillardIndiana Court of Appeals · 1891
- Buckingham v. HarrisSupreme Court of Colorado · 1887
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3Cited by9 opinions
- Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
- Karr v. StevensCourt of Appeals of Texas · 1927
- Paulson v. ReedsNorth Dakota Supreme Court · 1916
- Johnson v. ClarkNorth Dakota Supreme Court · 1949
- Messer-Johnson Realty Co. v. NewmanSupreme Court of Alabama · 1923
4 more not listed; retrieve them via the Exa API.