Castner v. Richardson
Supreme Court of Colorado
JSrror to the County Court of Arapahoe County. Action by real estate broker for commissions; action commenced before a justice of the peace. There being no written pleadings, the nature and cause of the action, as well as the grounds of defence, must be ascertained from the evidence. On appeal to the county court a trial was had, resulting in a finding and judgment for the defendant, Richardson. The plaintiff, Castner, brings the cause to this court by writ of error.
Read the full summary
JSrror to the County Court of Arapahoe County. Action by real estate broker for commissions; action commenced before a justice of the peace. There being no written pleadings, the nature and cause of the action, as well as the grounds of defence, must be ascertained from the evidence. On appeal to the county court a trial was had, resulting in a finding and judgment for the defendant, Richardson. The plaintiff, Castner, brings the cause to this court by writ of error. The facts sufficiently appear in the opinion.
1Opinion of the CourtJustice Elliott
1. To entitle a real estate agent to commissions, a contract of employment is necessary. The term, commissions, thus used, means the amount allowed or paid to an agent or broker employed to manage the affairs of another, as compensation for such sei'vices. Where, as in this case, the employment is denied, the relation of principal and agent must be affirmatively established by a preponderance of the evidence, though such relation may be implied from such facts and circumstances as satisfactorily establish its existence. This is as true in respect to an agency to find a purchaser, as of an…
2Cases cited2 opinions
- Buckingham v. HarrisSupreme Court of Colorado · 1887
- Wray v. CarpenterSupreme Court of Colorado · 1891
3Cited by22 opinions
- Quinn v. PhippsSupreme Court of Florida · 1927
- McDermott v. MahoneySupreme Court of Iowa · 1908
- Brewer v. WilliamsSupreme Court of Colorado · 1961
- Hardy v. SheedyOregon Supreme Court · 1911
- Martin v. WilsonIdaho Supreme Court · 1913
17 more not listed; retrieve them via the Exa API.