Palmer v. Gleason, 19923

Docket NºNo. 19923
Citation389 P.2d 90, 154 Colo. 145
Case DateFebruary 03, 1964
CourtSupreme Court of Colorado

Page 90

389 P.2d 90
154 Colo. 145
Jack PALMER, Joe Cooper, Jennie Cooper, Marvin Cooper, M.
Naomi Daiey, individually and doing business as
Your Realty Service, and W. Charles
Honea, Plaintiffs in Error,
James G. GLEASON, individually and doing business as Gleason
and Sales Realty Co., Defendant in Error.
No. 19923.
Supreme Court of Colorado, En Banc.
Feb. 3, 1964.

J. Emery Chilton, Denver, for plaintiffs in error.

Francis S. Mancini, Denver, for defendant in error.

[154 Colo. 146] FRANTZ, Justice.

The judgment entered on the jury's award of $1500.00 in favor of Gleason and against Palmer, in the former's suit for a broker's commission in the sum of $4700.00, is under attack here by writ of error. Palmer would have us reverse the judgment.

Three reasons for reversal are urged, the first two of which raise questions regarding the sufficiency of the evidence respecting the employment relationship between Gleason and Palmer and the relationship between Gleason and the purchasers of the property, and the third of which assails the verdict on the theory that it is patently a

Page 91

'compromise verdict' and one 'not based upon the evidence.'

We need treat only briefly the point of insufficiency of evidence. Where there is competent evidence from which the trier of the facts may find that a contract of employment was entered into, and that pursuant thereto the broker produced a purchaser ready, willing and able to buy on the terms and at the price set by the vendor, and that the broker was the efficient agent or procuring cause of the sale, a finding in accordance therewith will not be disturbed. Carpenter v. Francis, 136 Colo. 494, 319 P.2d 497.

It is unnecessary to recite the evidence which moves us to say that the foregoing rule is applicable to this case; we only observe that we have read the record and are satisfied that the jury had before it for consideration evidence from which it could justifiably find for Gleason on the matters which Palmer asserts are insufficiently proved in this case.

In order to properly resolve the attack on the verdict, some pertinent facts must be considered. It is the position of Palmer that, under the allegations in Gleason's complaint, and under the contract of employment upon [154 Colo. 147] which he relies, Gleason is entitled to $4700.00 commission or nothing. Palmer's contention would be well taken were the verdict not the result of self-invited error.

Your Realty Service had handled the sale...

To continue reading

Request your trial
7 cases
  • Horton v. Suthers, 00SA58.
    • United States
    • Colorado Supreme Court of Colorado
    • January 22, 2002
    ...The doctrine has been applied against both plaintiffs and defendants in both criminal and civil cases. See, e.g., Palmer v. Gleason, 154 Colo. 145, 147-48 389 P.2d 90, 91 (1964) (invoking the doctrine against a defendant in a civil case); People v. Shackelford, 182 Colo. 48, 50, 511 P.2d 19......
  • People v. Zapata, 88SC153
    • United States
    • Colorado Supreme Court of Colorado
    • September 18, 1989
    ...People v. Shackelford, 182 Colo. 48, 511 P.2d 19 (1973); Stilley v. People, 160 Colo. 329, 417 P.2d 494 (1966); Palmer v. Gleason, 154 Colo. 145, 389 P.2d 90 (1964); Gray v. People, 139 Colo. 583, 342 P.2d 627 (1959). The invited error doctrine applies to jury instructions. Collins, 730 P.2......
  • Durbin v. Bonanza Corp., 82CA1278
    • United States
    • Colorado Court of Appeals of Colorado
    • February 27, 1986
    ...that, since Bonanza has been instrumental in injecting error in the case, it cannot now complain of that error. See Palmer v. Gleason, 154 Colo. 145, 389 P.2d 90 Bonanza next contends that the trial court erred in determining that the Durbins had established a prescriptive easement in the r......
  • Hansen v. State Farm Mut. Auto. Ins. Co., 96SC716
    • United States
    • Colorado Supreme Court of Colorado
    • May 18, 1998
    ...allege error to the ruling of the court made on his own motion, nor attack the action of the court induced by him"); Palmer v. Gleason, 154 Colo. 145, 148, 389 P.2d 90, 91 (1964)(ruling that party may not complain that jury considered evidence which it offered); Gray v. People, 139 Colo. 58......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT