Scott v. Clark
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. John W. Nowlin, Judge. Action by Samuel Scott and Josiah R. Reasor, copartners as Scott & Reasor, against Amelia B. Clark, administratrix of the estate of John R. Clark, deceased, made'defendant by order of-court, to recover for services rendered in selling the real estate of deceased. From a judgment for plaintiff defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Pennington county. Hon. John W. Nowlin, Judge. Action by Samuel Scott and Josiah R. Reasor, copartners as Scott & Reasor, against Amelia B. Clark, administratrix of the estate of John R. Clark, deceased, made'defendant by order of-court, to recover for services rendered in selling the real estate of deceased. From a judgment for plaintiff defendant appeals. The facts are fully stated in the opinion. A broker differs from a factor in this, that he has no possession of the goods he sells for Ms principal, and, consequently, no lien on them, neither can he sell in his…
1Opinion of the CourtBennett, P. J.
John R. Clark, the original defendant, in his lifetime, and before the bringing of this suit, was a resident of the city of Lincoln, in the state of Nebraska, and was the owner in fee of certain lots situated in Rapid City, S. D. Some time during the early part of February, 1890, these lots were sold by said Clark to one Henry W. Tate for the sum of $25,000. The plaintiffs in the above-entitled action claim and allege that they were real-estate agents and brokers, located at Rapid City at the time, *488and that the defendant placed this property in their hands for sale, and that it was through…
2Cases cited19 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Moses v. . BierlingNew York Court of Appeals · 1865
- Tyler v. ParrSupreme Court of Missouri · 1873
- Doonan v. IvesSupreme Court of Georgia · 1885
- Zeimer v. AntisellCalifornia Supreme Court · 1888
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Howie v. BratrudSouth Dakota Supreme Court · 1901
- Huntemer v. ArentSouth Dakota Supreme Court · 1903
- Ward v. McQueenNorth Dakota Supreme Court · 1904
- Ward v. MorrowCourt of Appeals for the Eighth Circuit · 1926
- Ball v. DolanSouth Dakota Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.