Phy v. Selby
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Camas County. Hon. II. F. Ensign, Judge. Action to recover commission on sale of real estate. Judgment for defendant, following sustaining of demurrer and refusal of plaintiff to plead further.
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APPEAL from the District Court of the Fourth Judicial District, for Camas County. Hon. II. F. Ensign, Judge. Action to recover commission on sale of real estate. Judgment for defendant, following sustaining of demurrer and refusal of plaintiff to plead further. The provision that an agreement employing an agent or broker to purchase or sell real estate for a commission is invalid unless there be some note or memorandum in writing and subscribed to by the party to be charged therewith or by his agent was only designed to protect owners against unfounded claims of brokers, and would not apply…
1Opinion of the CourtMccarthy, J.
This action was brought to recover a commission for a sale of real estate. The fourth amended complaint sets out that E. M. Selby (made defendant in the original complaint but later dropped) owned certain land in Idaho; that respondent Edgerton was a real estate broker and agent for Selby for the purpose of selling the land; that respondent represented to the appellants, who were real estate brokers at La Grande, Oregon, that if they would furnish a purchaser for said lands he would be personally bound to them for their commission prior to the time when he should procure a binding contract…
2Cases cited7 opinions
- Gorham v. HeimanCalifornia Supreme Court · 1891
- Aldis v. SchleicherCalifornia Court of Appeal · 1908
- Darknell v. Coeur D'Alene & St. Joe Transportation Co.Idaho Supreme Court · 1910
- Johnston v. PorterCalifornia Court of Appeal · 1913
- Sellers v. Solway Land Co.California Court of Appeal · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dura v. Walker, Hart & Co.New York Court of Appeals · 1971
- Warren v. WhiteTexas Supreme Court · 1945
- Chandler v. Drainage Dist. No. 2Idaho Supreme Court · 1947
- Parke v. ParkeIdaho Supreme Court · 1952
- Cohen v. P. J. Spitz Co.Ohio Supreme Court · 1929
3 more not listed; retrieve them via the Exa API.