Share v. Coats
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank McNulty, Judge. Action by A. Share against F. S. Coa-ts, to recover commissions on sale of land: From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Brown County. Hon. Frank McNulty, Judge. Action by A. Share against F. S. Coa-ts, to recover commissions on sale of land: From a judgment for plaintiff, defendant appeals. Another reason- why the court erred in directing a verdict for the plain-tiff is that the evidence of the plaintiff, a witness in his own behalf and an interested party in- the case, was wholly uncorroborated, and the credibility of the witness and the weight to be given his' testimony were questions for a jury. McGill v. Young (S. D.), 92 N. W. 1066; Wilson v. Commercial Union Ins. Co., 15 S. D.…
1Opinion of the CourtSmith, J.
Appeal from circuit court of Brown county. The complaint states two causes of action. The first for the recovery of $1 per acre commission, on a sale of 640 acres of land. The second for the recovery of $2.50 per acre for commission on a sale 'of 640 acres. The commission of $1 per acre was alleged to be due on a sale consummated under the terms of a written contract of agency between plaintiff and defendant. The commission of $2.50 per acre was claimed under a special oral contract, alleged to have been entered into between plaintiff and defendant while the written agency contract was in…
2Cases cited33 opinions
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Mayer v. . DeanNew York Court of Appeals · 1889
- Wolf v. Chicago Sign Printing Co.Illinois Supreme Court · 1908
- New Jersey Zinc & Iron Co. v. Lehigh Zinc & Iron Co.Supreme Court of New Jersey · 1896
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3Cited by21 opinions
- General Fire Extinguisher Co. v. Northwestern Auto Supply Co.Montana Supreme Court · 1922
- Fifty Associates Co. v. QuigleyMontana Supreme Court · 1919
- Carter v. Ryburn Ford Sales, Inc.Supreme Court of Arkansas · 1970
- Walker Drilling Co. v. Carlew Drilling ContractorsSupreme Court of Oklahoma · 1925
- M. E. Smith & Co. v. KimbleSouth Dakota Supreme Court · 1917
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