Ballweber v. Kern
North Dakota Supreme Court
Appeal from the District Court of Golden Yalley County, W. (7. Crawford, Judge. When one desirous of selling or trading lands secures the services of a broker by promise of a commission, and such broker procures a purchaser to whom such sale is made, he must pay such broker his «commission regardless of whether the actual sale was finally consummated by the broker, or whether the principal took the matter out ■of the hands of the broker and made sale himself.
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Appeal from the District Court of Golden Yalley County, W. (7. Crawford, Judge. When one desirous of selling or trading lands secures the services of a broker by promise of a commission, and such broker procures a purchaser to whom such sale is made, he must pay such broker his «commission regardless of whether the actual sale was finally consummated by the broker, or whether the principal took the matter out ■of the hands of the broker and made sale himself. Northern Immigration Asso. v. Alger, 27 N. D. 467, 147 N. W. 100; Gibson v. Hunt, — Iowa, —, 94 N. W. 277; Reishus-Remer Land Go. v.…
1Opinion of the CourtGrace, J.
The action is one by plaintiffs, land brokers, for the recovery of commissions from the defendants for the alleged procuring of purchasers for two certain sections of land in Billings county, state of North Dakota, which the defendants had authority to sell, and which plaintiffs allege the defendants agreed to sell to plaintiffs or any purchaser for such land produced by plaintiffs for the sum of $13,800, plaintiffs to have for their commission all they could sell such land for in excess of $13,800. Plaintiffs allege that on or about the 15th day of June, 1912, plaintiffs produced and…
2Cases cited13 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Hancock v. StacyTexas Supreme Court · 1910
- Green v. ColeSupreme Court of Missouri · 1890
- Hale v. KumlerCourt of Appeals for the Sixth Circuit · 1898
- Dreyfus v. RichardsonCalifornia Court of Appeal · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919