(Download) "State v. Titus" by Arizona Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Titus
- Author : Arizona Supreme Court
- Release Date : January 02, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
This is an appeal from an order of the Superior Court granting defendants motion for a new trial. The appellant, plaintiff below, was successful in securing a verdict and judgment in the lower court. The parties will be referred to as they appeared in the lower court -- plaintiff and defendant. The plaintiff was a real estate salesman employed in the office of the defendant, who was a real estate broker. Plaintiff in his complaint alleged that he had earned certain commissions as a salesman for the defendant, which the defendant denied. The complaint, among other things, alleges that it was verbally agreed between the said parties "that said plaintiff should take charge of sales and transactions pertaining particularly to farm lands, and verbally agreed to pay to the plaintiff upon and at the time of the consummation of any sale of farm lands upon which the plaintiff participated as a real estate salesman one-half of sales commissions earned and paid to the defendant by the owners or purchasers of said lands sold." Subsequent to the filing of the answer, defendant secured permission from the court to file a motion to dismiss plaintiffs complaint. The ground of the motion was that the contract sued upon was an oral contract and within the statute of frauds. The section relied upon is Sec. 58-101, Arizona Code Annotated 1939, which in part reads as follows:
 "State v. Titus" by Arizona Supreme Court * eBook PDF Kindle ePub Free){kind=link}