Clopton v. Meeves
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for debt. Judgment for plaintiff. Defendant appealed. A complaint setting up a cause of action for services rendered as brokers and agents will not support a judgment based on a finding that the services rendered were really as middlemen.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for debt. Judgment for plaintiff. Defendant appealed. A complaint setting up a cause of action for services rendered as brokers and agents will not support a judgment based on a finding that the services rendered were really as middlemen. (Ukrlaub v. McMahon, 15 Ida. 349, 97 Pac. 784; Stickney v. Hanrahan, 7 Ida. 425, 63 Pac. 189; Davis v. Devanney, 7 Ida. 742, 65 Pae. 500; In re Evans (Utah), 130 Pae. 224.) The material findings must not only be supported by the evidence but must…
1Opinion of the CourtAilshie, C. J.
This action was instituted for the collection of a commission for the. exchange of real property. Plaintiffs alleged ‘ ‘ That on or about the 1st day of February, 1912, the defendant listed the said real estate with the plaintiffs for sale or trade, and that said plaintiffs on or about the 10th day of July, 1912, found a purchaser who was ready, able and willing to purchase and exchange said land at a price agreeable to the defendant.” The defendant alleged that the plaintiffs acted for and represented the purchaser and received a commission from the party to whom defendant made the exchange…
2Cases cited18 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Stewart v. MatherWisconsin Supreme Court · 1873
- Little v. PhippsMassachusetts Supreme Judicial Court · 1911
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
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3Cited by7 opinions
- Moore v. TurnerWest Virginia Supreme Court · 1952
- McShane v. QuillinIdaho Supreme Court · 1929
- James E. Carlson, Inc. v. BablerSupreme Court of Minnesota · 1919
- Homefinders v. LawrenceIdaho Supreme Court · 1959
- Milwaukee Land Co. v. BogleIdaho Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.