Crabtree v. Lange
Crabtree v. Lange
Opinion of the Court
Plaintiff brought this suit to recover the sum of $300, 5 per 'cent, .commission alleged to be due to plaintiff from ■defendants by reason of a trade of a certain jewelry store in Rapid
We are of the view that the vital question to be determined in this case was whether or not the defendants employed plaintiff to effect a trade of the store for Ellison ranch, or whether the defendants employed plaintiff to find a purchaser generaly for said store regardless of what particular property might toe traded therefor. Upon this pure issue of fact there was some sharp conflict in the testimony and some testimony strongly tending to show that the plaintiff procured and took the said Grimes to the defendants for the sole purpose of effecting a trade for the Ellison ranch. If such was the case, and the jury so found, the plaintiff would not toe entitled to recover commission for the reason that no such trade was ever consummated. We are of the view that the evidence was sufficient to sustain the verdict, and that the instructions given by the trial court in reference thereto were substantially correct. '
Finding no error in the record,-the judgment and order appealed from afe affirmed.
Reference
- Full Case Name
- CRABTREE v. LANGE
- Status
- Published