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Dixon v. Credit Bureau of Douglas

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eBook details

  • Title: Dixon v. Credit Bureau of Douglas
  • Author : Supreme Court of Wyoming
  • Release Date : January 07, 1966
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The Credit Bureau of Douglas filed a complaint against Mabel E. Dixon for $2,025 due on a real estate commission contract. Defendants answer admitted the execution of the instrument upon which - Page 708 the claim was based but denied generally and alleged that the purchasers of the real estate defaulted on the terms of the contract of sale, which was terminated, and purchasers acknowledged the default and executed a complete release of the contract. Plaintiff filed a motion for summary judgment with supporting affidavits; defendant filed affidavits in opposition to the motion; and ad interim a pretrial conference was held and order issued thereon, reciting the admission by agreement of counsel without foundation proof of the written agreements relating to the controversy. The court stated in its order that "there is no dispute of fact * * * excepting the issue as to whether or not Mr. Taylor was an able buyer, and * * * the controversy turns on the question of whether or not, under the undisputed circumstances, Mrs. McCormick earned her commission." Thereafter, the court found that plaintiff was entitled to judgment as a matter of law and that there was no material issue of fact; summary judgment issued for plaintiff in the amount claimed, $2,025, from which judgment this appeal was taken.


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