Manker v. Tough
Supreme Court of Kansas
Error from Scott district court; Charles E. Lob-dell, judge. STATEMENT. The defendant in error employed the plaintiffs in error, a firm of real-estate agents, to sell a large tract of land for him, and contracted to pay them for their services the amount for which the land was sold in excess of $6 per acre. The contract of employment was oral.
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Error from Scott district court; Charles E. Lob-dell, judge. STATEMENT. The defendant in error employed the plaintiffs in error, a firm of real-estate agents, to sell a large tract of land for him, and contracted to pay them for their services the amount for which the land was sold in excess of $6 per acre. The contract of employment was oral. The plaintiffs in error found a purchaser and brought the purchaser and the seller together, and they entered into a written contract, duly executed, by the terms of which the defendant in error agreed to sell and convey by warranty deed 2880 acres of…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The jury were properly instructed as to the burden of proof in the case, and it is not contended by the defendant that there was not some evidence to* support every material issue of fact. The court allowed the motion for a new trial only upon the ground of errors of law occurring at the trial, as will hereinafter more fully appear. It follows that the court, approved the verdict of the jury as to the facts involved, and we shall therefore regard it as a fact that the contract was as alleged by the plaintiffs. Indeed, where one employs…
2Cases cited21 opinions
- United States v. HarrisSupreme Court of the United States · 1900
- Fahnestock v. StateIndiana Supreme Court · 1885
- Sarlls v. United StatesSupreme Court of the United States · 1894
- Daggett v. StateSupreme Court of Connecticut · 1821
- Johnson v. Southern Pac. Co.Court of Appeals for the Eighth Circuit · 1902
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Madison National Bank v. NewrathCourt of Appeals of Maryland · 1971
- Atlas Realty Co. v. GaltCourt of Appeals of Maryland · 1927
- Pugh v. City of TopekaSupreme Court of Kansas · 1940
- Hiram Ricker & Sons v. Students International Meditation SocietySupreme Judicial Court of Maine · 1975
- Lesser v. SmithSupreme Court of Connecticut · 1932
9 more not listed; retrieve them via the Exa API.