Jones v. Pendleton
Michigan Supreme Court
Error to Wayne; Brooke, J. Assumpsit by Clarence R. Jones, administrator de bonis non of the estate of James A. Jones, deceased, against Edward W. Pendleton for commissions on the sale of real estate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
1DissentHooker, J.
The plaintiff’s declaration was originally on the common counts in assumpsit, accompanied by a bill of particulars for commissions on a sale of real estate by the plaintiff for the defendant. Upon the first trial of the case the testimony showed that plaintiff did not sell the land, thereby earning a commission, but he was allowed to recover upon testimony that while he was ill the defendant informed him that others were trying to sell the property, but in view of the work the plaintiff had done he should have a commission in case they should sell it. We held that this was an error, for the…
2Cases cited6 opinions
- Kleis v. Niagara Fire InsuranceMichigan Supreme Court · 1898
- Connecticut Fire Insurance v. KinneMichigan Supreme Court · 1889
- Angell v. PruynMichigan Supreme Court · 1901
- Jones v. PendletonMichigan Supreme Court · 1903
- Strang v. Branch Circuit JudgeMichigan Supreme Court · 1896
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