Legal Opinion

McGilvery v. Lawrence

South Dakota Supreme Court

Decided May 24, 1915No. File No. 3677PublishedCited by 5 opinions

Appeal from Circuit Court, Sully County. Hon. John F. Hughes, Judge. Action by J. W. McGilvery against Henry Lawrence, to recover for commissions on the sale of realty. From a judgment for plaintiff, defendant appeals.

Read the full summary

Appeal from Circuit Court, Sully County. Hon. John F. Hughes, Judge. Action by J. W. McGilvery against Henry Lawrence, to recover for commissions on the sale of realty. From a judgment for plaintiff, defendant appeals. (3)' Under point three of the opinion, Appellant cited: Gross on Real Estate Brokers, Sec. 102, 132, 133; Eraser v. Wyckoff, 63 N. W. 445; Monson v. Kill, 144 111. 255; Crosthwaithe v. Lebus, 146 Ala. 525; Ball v. Doland, 18 S. D. 558; Scott v. Clark, 3 S. D. 486, 54 N. W. 538; Jepson v. Marohn et al., (S. D.) 119 N. W. 989.

1Opinion of the CourtMcCOY, P. J.

This action was instituted -by plaintiff to recover from defendant alleged commissions for having obtained, at the instance and request of defendant, a purchaser ready, able, and willing to purchase, upon the terms described by defendant, a certain section of real estate owned by the defendant. There was a verdict and judgment in the amount of $1,944.80 in favor of plaintiff, and defendant appeals. Appellant, among other things, assigns as error the overruling of defendant’s motion for a new trial because of misconduct of the jury, and because the evidence is insufficient to justify fhe…

2Cases cited2 opinions

  1. Evans v. Hughes CountySouth Dakota Supreme Court · 1892
  2. Ball v. DolanSouth Dakota Supreme Court · 1904

3Cited by5 opinions

  1. State v. FergusonSouth Dakota Supreme Court · 1925
  2. Lynch v. KleindolphSupreme Court of Iowa · 1927
  3. State v. BrownSouth Dakota Supreme Court · 1969
  4. Erwin v. EakinSouth Dakota Supreme Court · 1923
  5. Lawrence v. HughesSouth Dakota Supreme Court · 1916

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API