Heimberger v. Rudd
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. FraNK. B. Smith, Judge. Action by W. A. Hjeimberger against Ole Rudd, to recover a commission on sale of realty. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. This action was commenced before any title papers were to pass between Seigfreid and Rudd. The contract, “Exhibit I,” (folio 18) is an option only.
Read the full summary
Appeal from Circuit Court, Davison County. Hon. FraNK. B. Smith, Judge. Action by W. A. Hjeimberger against Ole Rudd, to recover a commission on sale of realty. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. This action was commenced before any title papers were to pass between Seigfreid and Rudd. The contract, “Exhibit I,” (folio 18) is an option only. Seigfried paid $500 down to bind the bargain, and the terms contained in this option contract have never .been carried out. (See paragraph 2 of plaintiff’s complaint. Folio 6.) Seigfried was not to have…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to recover of the defendant'a'commission on the sale of a quarter section of land. The action was tried to a jury, and the verdict and judgment were in favor of the plaintiff, from which judgment and order denying a new trial the defendant has appealed.
It is alleged in the complaint, in substance, that the defendant is the owner of a quarter section of land, and that the plaintiff is a real estate broker; that on or about the 12th day of April, 1910, the plaintiff entered into an agreement wherein, and by the terms of which, the defendant listed said…
2Cases cited9 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Black v. MaddoxSupreme Court of Georgia · 1898
- Langford v. IssenhuthSouth Dakota Supreme Court · 1912
- Scott v. ClarkSouth Dakota Supreme Court · 1893
- Huntemer v. ArentSouth Dakota Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Scott v. Merrill's EstateOregon Supreme Court · 1915
- Hultberg v. City of GarrisonNorth Dakota Supreme Court · 1952
- Edmundson v. PhenixSupreme Court of Minnesota · 1920
- Kinney v. EckenbergerOregon Supreme Court · 1915