Wallace v. McKenna
Idaho Supreme Court
APPEAL from the District Court of the Tenth Judicial District, for Lewis County. Hon. Wallace N. Scales, Judge. Action on contract to recover real estate broker’s commission. Judgment for defendant. The evidence established a prima facie ease for plaintiff.
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APPEAL from the District Court of the Tenth Judicial District, for Lewis County. Hon. Wallace N. Scales, Judge. Action on contract to recover real estate broker’s commission. Judgment for defendant. The evidence established a prima facie ease for plaintiff. (Kroeich v. Empire Mill Co., 9 Ida. 277, 74 Pae. 868; Culver v. Kehl, 21 Ida. 595,. 123 Pac. 301; Kansteiner v. dyne, 5 Ida. 59, 46 Pae. 1019; Idaho Mercantile Co. v. Kalanqmn, 7 Ida. 295, 62 Pac. 925.) The court should have submitted the case to the jury for consideration. (Later v. Haywood, 12 Ida. 78, 85 Pae. 494; Strieker v. Hillis, 17…
1Opinion of the CourtDunn, J.
— This action was brought by appellant to recover the sum of $900 as commissions for the sale of certain real estate. A demurrer to the complaint was filed and overruled by the court. Upon the issues being joined a trial was had 'before the court and a jury and at the close of appellant’s evidence a motion for nonsuit was made and granted. Thereupon judgment was entered dismissing the action and awarding costs in favor of respondent. A motion to tax costs was thereafter made by appellant and an order was made by the court taxing costs, to which appellant duly excepted. A motion for a new…
2Cases cited7 opinions
- Moe v. HargerIdaho Supreme Court · 1904
- Continental & Commercial Trust & Savings Bank v. WernerIdaho Supreme Court · 1923
- Glenn v. Aultman & Taylor Machinery Co.Idaho Supreme Court · 1917
- Bechtel v. EvansIdaho Supreme Court · 1904
- Mills v. Board of County CommissionersIdaho Supreme Court · 1922
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3Cited by1 opinion
- Baldwin v. AndersonIdaho Supreme Court · 1932