(DOWNLOAD) "Keith L. Knight v. Ross H. Chamberlain" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: Keith L. Knight v. Ross H. Chamberlain
- Author : Supreme Court Of Utah
- Release Date : January 28, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
CROCKETT, Justice. Plaintiff, Keith L. Knight, a real estate broker, sued Ross H. Chamberlain for services rendered, under
an oral contract, in connection with a proposed program for the development of residential properties in Salt Lake County.
At the Conclusion of plaintiff's evidence the defendant made a motion to dismiss. The trial court granted the motion and entered
a written order of dismissal reciting that the evidence showed that, 'the plaintiff was employed by the defendant to obtain
options * * * to purchase real property * * * and there being no written * * * memorandum evidencing said agreement * * *
* * * was void by virtue of the provisions of Section 25-5-4(5).' 1 The case of Baugh v. Darley, 2 in which a broker
was denied recovery for services in a real estate transaction because he had no written contract, is cited as controlling.
The plaintiff's position is that neither the statute nor the cited case is applicable to the instant situation and in support
thereof urges two separate propositions: (1) That he undertook only to procure 'options' which do not amount to 'real estate'
within the meaning of the statute, and (2) that the services he agreed to and did render were of an investigative and advisory
nature, preliminary to and separate from the contemplated purchase of real estate. Discussion of these contentions requires a factual background. During the fall of 1955 much notoriety was given to the fact
that Boeing Aircraft, one of the nation's largest aircraft manufacturers, was contemplating the location of a large plant
in Salt Lake County, just outside Salt Lake City. It was reputed that this plant would create about 20,000 new jobs, so that
with families and related businesses it would account for about 100,000 population. This inspired considerable activity in
real estate in the area. Incident thereto the defendant Chamberlain, a resident of California, informed the plaintiff Knight,
a Salt Lake real estate broker, that he desired to develop tracts of land in Salt Lake Valley for residential purposes, as
he had done in California. Mr. Knight immediately began working on the project. In connection therewith he took Mr. Chamberlain
about Salt Lake Valley by airplane and automobile and unfolded his knowledge of the area about such matters as water, utilities,
sewage disposal, highways, schools and other details. Chamberlain requested Knight to line up options in certain localities,
which he agreed to do, but no written contract was entered into between them.
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