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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 28. Assignees And Assignments |
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This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
A broker who is the owner of an entire demand for commissions may assign an item of it, though he recovers on the remainder, his recovery will not bar the assignee from recovering on the item assigned to him, though the demand is not legitimately the subject of distinct action and might have been included in the original action. Goldshear v. Barron, 85 N. Y. S. 395, 42 Misc. 198.
The contract of a firm to act as real estate agents for a corporation was assigned to one member of the firm, who proceeded with the business, selling the lots and rendering monthly reports in his own name; the corporation accepted the reports and proceeds of the sales, and executed checks and other papers to the assignee in his own name. Held, a ratification of the assignment. Albany Land Co. v. Bickel, 162 Ind. 222, 70 N. E. 158.
Where M, having the sale of land turned it over to L, agreeing that L should be paid the commission, to which the owner consented, L was entitled to claim commissions directly, and not as assignee of M. Munson v. Mabon, 135 Iowa, 335, 112 N. W. 775.
If a broker having charge of the property of a syndicate, makes a contract of sale of lots to a nominal purchaser to show business, and such purchaser assigns to a bona fide purchaser, who completes the sale, the statute of limitations will run against the broker's claim for commissions as of the date of the bona fide sale and not of the nominal one. Boss v. Fickling, 11 App. D. C. 442. "Where a broker employed to sell a contract of sale of real estate at a profit succeeded, and the owners of said contract refused to assign the same, the broker was entitled to commissions. Levy v. Trimble, 94 N. Y. S. 3, 47 Misc. Rep. 394.
 
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