[DOWNLOAD] "Collins v. City of Wichita" by United States Court of Appeals Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Collins v. City of Wichita
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 19, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Harry L. James and C. R. Virtue sued Honaker Drilling, Inc., to recover damages for alleged wrongful acts on the part of the defendant which made it imposible for plaintiffs to earn a brokers fee from San Juan Exploration Company. It was alleged in the complaint that plaintiffs were brokers; that defendant advised plaintiffs that it desired to sell its oil and gas properties; that defendant employed plaintiffs to negotiate for it a sale of such properties; that plaintiffs were instrumental in interesting San Juan Exploration Company as a prospective purchaser of the properties; that the prospective purchaser agreed to pay plaintiffs a commission of $30,000 if it purchased the properties; that the defendant was advised of the agreement of the prospective purchaser to pay such commission; that in the course of negotiations between defendant and the prospective purchaser, defendant offered to sell the properties to the prospective purchaser for $1,700,000; that by mutual agreement between the defendant and the prospective purchaser, the latter was given a specified time within which to complete its investigation of the properties; that the prospective purchaser advised defendant that it would purchase the properties at approximately the price set by defendant, but before the investigation of the properties was completed, defendant sold them to Colorado Oil and Gas Company; and that in such wrongful manner defendant breached its contract of employment of plaintiffs and made it impossible for plaintiffs to earn the commission which the prospective purchaser had agreed to pay them in the event it purchased the properties. By answer, the defendant denied that it employed plaintiffs to negotiate a sale of the properties; denied that it made an unqualified offer to sell the properties to the prospective purchaser; denied that the prospective purchaser ever advised defendant that it would purchase the properties at defendants price; and denied that the prospective purchaser was ever ready, able, and willing to make the purchase at defendants price. After issues were joined, the depositions of both plaintiffs and of R. J. Bateman, agent of the prospective purchaser, were taken. Thereafter the defendant in its a motion for summary judgment in its favor. Upon consideration of the pleadings and the depositions, such judgment was entered; and plaintiffs appealed.