Kidman v. Howard

Citations

• 18 S.D. 161
• 99 N.W. 1104
• 1904 S.D. LEXIS 36

Syllabus

<p>Defendant empowered plaintiff to sell certain land described “until sold,” and agreed to help find a buyer, and sell to the first person offering the price specified. The contract also provided that when a purchaser was secured at that price or any other which defendant would accept, he would pay piaintifi a commission equal to $1.25 per acre. Held, that such contract did not give plaintiff an exclusive power of sale, but that such power was limited to the making of • a sale before the property should be sold either by defendant or through another agent.</p>