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American Law Of Real Estate Agency | by William Slee Walker



Including The duties and liabilities of Principals and Agents. The earning of commissions by Real Estate Brokers, Pleading, Practice, and Judicial Constructions and Interpretations, and Forms for Listing, Brokerage and other Contracts.

TitleAmerican Law Of Real Estate Agency
AuthorWilliam Slee Walker
PublisherThe W. H. Anderson Company
Year1922
Copyright1922, The W. H. Anderson Company
AmazonAmerican law of real estate agency

By William Slee Walker (Of The Cincinnati Bar)

Second Edition

-Preface
Time, which enlarges the patrimony of the law, in order to collate and present the many recent important decisions which have greatly enriched the Law of Real Estate Agency, calls for a second edition...
-Abbreviations
A. & E........................American & English Annotated Cases. A.............................Atlantic Reporter. Aff...........................Affirmed. Aff. on re......................Affirmed o...
-Part I. The Contract Of Agency. American Law Real Estate Agency. Chapter I
1. Who are capable of becoming principals and agents. 2. Power of delegating authority. 3. Inherent power of becoming agents. 3a. Agent distinguished from broker. 4. Personal acts that are undelega...
-Sec. 1. Who Are Capable Of Becoming Principals And Agents
In general, it may be said that every person is capable of becoming a principal or an agent. Mechem on Ag., See. 43. ...
-Sec. 2. Power Of Delegating Authority
Principals are capable of delegating authority to others to act in their behalf and for their interests. In general, whenever a person has power to do a thing he may do it by an agent, and every perso...
-Sec. 3. Inherent Power Of Becoming Agents
Almost all persons are capable of becoming agents. It is not necessary for a person to be sui juris, or capable of acting in his own right, in order to qualify himself to act for others. Story on Agen...
-Sec. 3a. Agent Distinguished From Broker
One who is given power to examine property and determine whether a trade for other property should be made, and who is not employed simply to bring the parties together, is an agent and not a broker. ...
-Sec 4. Certain Acts Are Personal In Their Nature, And The Authority Confided Can Not Be Sub-Delegated
In general, what a person sui juris may do himself, he may delegate authority to another to do for him; yet there are exceptions; thus, although a person may do an unlawful act, it is clear that he ca...
-Sec. 5. Certain Acts Are Personal In Their Nature, And Cannot Be Sub-Delegated
For it is a personal trust or confidence, and therefore by implication prohibited from being delegated; as, if a man has a power given to him by the owner to sell an estate or to make leases for him, ...
-Sec. 6. Agency Is Divided Into Two Classes - Special And General
Agency is divided into two divisions; (1) Special; (2) General Agency. A special agency particularly exists when there is a delegation of authority to do a single act. A general agency particularly ex...
-Sec. 7. Agents Employed To Buy Or Sell Real Estate, To Negotiate Exchanges Thereof, To Procure Leases, Options And Loans, Are Usually Termed Brokers
Agents employed to buy or sell real estate, to negotiate exchanges thereof, to procure leases, options and loans, are usually termed brokers. Mechem on Ag. Sec. 934. A broker is one who is engaged fo...
-Sec. 8. Who Is Not A Broker
A salaried agent who does not act for a fee or rate per cent. for others is not a broker. Portland v. O'Neill, 1 Oregon, 218; Rodman v. Manning (Or. Sup. '09), 99 P. 657, 1135. A trust company, though...
-Sec. 8a. Definition Of Term "Brokerage."
Brokerage is equivalent to compensation for services rendered. Myers v. Dean, 11 Misc. 368, 371, 32 N. Y. S. 237; V. 8. v. Fisk, 25 Fed. Cas. No. 15, 104. ...
-Sec. 9. Licenses
In some States a real estate broker, before he can lawfully engage in such business, must procure a license. Natt v. Papet, 15 La. 306. ...
-Sec. 10. How Brokers Are Appointed
In the absence of a statute to the contrary, the employment of a broker for the purchase or sale of real estate is a contract for his services and may be by parol. Rathbum v. McLay, 76 Conn. 308, 56 A...
-Sec. 11. Employment Of Sub-Agents
Ordinarily an agent is without authority to bind his principal by the employment of a broker to effect a sale. Bennett v. Howes, 15 Daily (N. Y.), 43, 2 N. Y. S. 717; Jenkins v. Funk, 33 Fed. 915; Cra...
-Sec. 11b. Sub-Agent, When Illegally Appointed, Can Not Bind Principal To Pay Commission
Where a sub-agent, employed by real estate agent under his general authority, was directed by the broker to continue his efforts, after the option which he had procured to be taken was cancelled, the ...
-Sec. 12. Employment Of Brokers, And Its Limitations
A broker employed to sell at a certain price can not recover commissions for selling at a lower price. Blackwell v. Adams, 28 Mo. App. 61; Williams v. McGraw, 52 Mich. 480, 18 N. W. 227. A broker, in ...
-Chapter II. Sec. 13. Exclusive Employment As Broker Or Agent
An exclusive agency, supported by a sufficient consideration, entitles a broker to commissions on a sale made by the principal (if excluded) or through the efforts of another broker during the time sp...
-Sec. 14. Duration Of The Agency
An agency to sell Teal estate is presumed to continue until a sale is effected, and the burden is on the principal to rebut such presumption. Hartford v. McGillicuddy, 103 Me. 224, 68 A 860. A contrac...
-Sec. 15. Termination Of The Agency
Ordinarily, unless a contract of employment is coupled with an interest or is given for a valuable consideration, the authority of the agent may be terminated at will by giving notice, subject only to...
-Sec. 15. Termination Of The Agency. Continued
392, 75 S. W. 923; U. S. Farm Land Co. v. Darter, 183 P. 696, - Cal. App. -; Ritch v. Robertson, 106 A. 509, - Conn. Sup. -; Brown & Peeples v. Stokes, 103 S. E. 423, - Ga. App. - . Contra, Quist v. ...
-Sec. 16. A Contract Coupled With An Interest
An interest in the land itself, as distinguished from the proceeds of it, is the distinguishing feature of a power coupled with an interest. Hunt v. Ronsmanier, 8 Wheat. (U. S.) 174; Beck v. Howard, 1...
-Sec. 17. Special Contracts With Brokers For The Sale Of Real Estate
To entitle a broker to commissions or compensation a contract, express or implied, is necessary. Castner v. Richardson, 18 Colo. 496, 33 Pac. 163; Day v. Hale, 50 I11. App. 115; Stephen v. Scott, 43 K...
-Sec. 18. Authority Conferred On Real Estate Brokers And Agents
One buying from a non-resident owner, through a real estate broker, is bound to ascertain his authority and the correspondence by which it is established. Merritt v. Wasenich, 49 Fed. 785; Sullivant v...
-Authority Conferred On Real Estate Brokers And Agents. Part 2
A sale by a broker at $1,500, one month after he said he could not sell at that price and asked for lower terms was without authority. Matthews v. Sowle, 12 Neb. 398. Abbreviations used in the authori...
-Authority Conferred On Real Estate Brokers, Agents. Part 3
Where an agent is employed to secure a purchaser for real estate within a certain time, for certain commissions, he can not recover unless he furnishes a purchaser within that time. Ice v. Maxwell, 61...
-Chapter III. Sec. 19. Nudum Pactum, A Contract To Be Effective Must Be Based Upon A Consideration
A contract by a person having no interest in the transaction, to pay a commission if a sale is effected, is void, unless supported by a consideration. Smyth v. Mack, 19 N. Y. S. 347, 64 Hun, 639. Rele...
-Sec. 20. Unilateral Contracts
Although an agreement signed by a real estate owner to pay an agent a certain commission in the event that the owner shall make a sale is a unilateral contract, and invalid on its face, yet where the ...
-Sec. 21. Consideration As An Essential Constituent Of An Enforceable Contract
Where one employs another as agent to sell land, the contract is based upon a sufficient consideration. Rowan v. Hull, 55 W. Va. 335, 47 S. E. 92; Gilmore v. Samuels (Ky. Ct. App. '09), 123 S. W. 271....
-Sec. 22. Revocation Of Authority Granted To The Agent
If a broker has had a reasonable time to find a purchaser, the principal may, in good faith, revoke the employment without incurring liability. Blumenthal v. Goodall, 89 Cal. 251, 26 P. 906; Collier v...
-Sec. 22. Revocation Of Authority Granted To The Agent. Continued
Where a real estate broker, employed to procure a purchaser for a farm, procured a buyer who agreed with the owner on the terms of sale, and the buyer was given to a fixed date to purchase, unless the...
-Sec. 23. Repudiation Or Rescission Of The Contract
If a purchaser wishes to repudiate a contract to purchase on the ground that his agent has secretly received commissions from the seller, he must act promptly and make restitution as far as possible. ...
-Chapter IV. Sec. 24. Ratification
Before a principal can be bound upon the ground of ratification, it must appear that he had full knowledge of all the material facts affecting his interest in the transaction. Maze v. Gordon, 96 Cal. ...
-Sec. 24. Ratification. Part 2
Where defendant's husband had an interview with plaintiff in regard to a sale of her land, and that in response to a letter from plaintiff the husband called at the office and was introduced to T, and...
-Sec. 24. Ratification. Part 3
Where a property owner, with knowledge of the custom of real estate agents to charge both parties commissions on exchange of property, allows the broker to render the services and remains silent, the ...
-Chapter V. Sec. 25. Privity
In the absence of contractual relations, a sub-agent is not entitled to recover from the owner for want of privity. J. B. Watkins Ld. Mtge. Co. v. Thetford (Tex. Civ. App. '06), 96 S. W. 72; Sterling ...
-Sec. 26. The Power Of Attorney, Its Extent And Its Limitations
A power of attorney to buy and sell real estate, etc., does not authorize a sale of land acquired by the grantor before he executed such power. Greve v. Coffin, 14 Minn. 345. In one case it was held ...
-Sec. 27. The Attorney In Fact
An attorney in fact is one who has authority given him to act in the place and stead of him by whom he is delegated. Bacon's Abr. All persons who are capable of acting for themselves, and even those w...
-Sec. 28. Assignees And Assignments
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...
-Sec. 29. Attorneys At Law
An attorney can not recover full commissions for purchasing property for another, and in addition recover an attorney's fee for defending a suit involving the right of the vendor to repudiate a sale p...
-Sec. 30. Auctions And Auctioneers
A contract giving an agent the exclusive right to find a purchaser for a farm within a given time is not breached by a sale by the owner at public auction, through the medium of an auctioneer acting u...
-Chapter VI. Sec. 31. Architects
In an action by an architect for compensation for procuring capitalists ready and willing to undertake the construction of a hotel, it was alleged that his right to compensation depended on his procur...
-Sec. 32. Abstracts Of Title
A real estate broker employed to sell land inquired whether his principal had an abstract of title, and was told by her that she saw no necessity for sending an abstract until a sale was made; on his ...
-Sec. 33. Meeting Of Minds
Where a prospective purchaser insisted upon a warranty deed and the owner would only quit-claim as to that part of the conveyance which covered what was formerly a street, there was no meeting of mind...
-Sec. 34. Executors And Administrators
An admission by an executor, in an action for commissions for procuring a purchaser of testator's land, that he was the executor and trustee under a will is not sufficient to show that he was authoriz...
-Sec. 35. Trusts And Trustees
Defendant brokers, being authorized by plaintiff to sell land for $2,300, intrusted the matter to G, an employee, who persuaded one S to take the land for $2,300, promising that defendants would raise...
-Sec. 36. Principal And Agent
The relation of principal and agent arises out of contract. T and W entered into an agreement with O to sell real estate for him within a certain time, and before the expiration of the time O requeste...
-Sec. 37. Partnership
A contract whereby the obligors bind themselves to contribute certain moneys toward the purchase of land, does not constitute them partners so as to authorize one to select a trustee to take the title...
-Chapter VII. Sec. 38. Corporations
Where defendants, who were two of the officers of a corporation, employed plaintiff to sell the corporate assets for a certain price, and he procured a purchaser, ready, willing and able to purchase a...
-Sec. 39. Husband And Wife
One who negotiates a sale of land belonging to a husband and wife can not recover of the husband compensation for selling the wife's interest in the land, unless the husband agreed to pay therefor. Sp...
-Sec. 40. The Vendor
Where a broker is employed to sell real estate he is the agent of the vendor. Gough v. Loomis, 123 Iowa, 642, 99 N. W. 295; Earp v. Cummins, 54 Pa. St. 394. If the vendor secretly pays a commission to...
-Sec. 41. The Vendee Or Purchaser
Where a broker is employed to buy real estate he is the agent of the vendee. Marsh v. Buchan, 46 N. J. Eq. 595, 22 A. 128. Where a vendor under a contract for the sale of lands, which is within the s...
-Sec. 41. The Vendee Or Purchaser. Continued
An agreement between the owner of real estate and an agent whereby the latter was appointed to collect rents, make necessary improvements, keep the property insured, pay the taxes and the expenses tha...
-Chapter VIII. Sec. 42. The Owner
Where a non-resident owner employs a non-resident agent to sell real estate, the agent is authorized to employ a sub-agent. Eastland v. Maney, 36 Tex. Civ. App. 147, 81 S. W. 574. An owner writing to ...
-Sec. 43. Covenants
If an agent in selling land adds covenants not authorized by his authority, the purchaser may enforce so much of the contract as conforms to the authority, or claim a revision of the whole, if the pri...
-Sec. 44. Conditional Contracts
Where plaintiff in an action to recover commissions for procuring a purchaser for real estate proves the execution of the contract of purchase, which defendant claims was signed conditionally, the bur...
-Sec. 45. Condition Precedent To The Contract Of Sale Taking Effect
A vendor may, if he is doubtful of the proposed vendee's ability to carry out his contract of purchase, accept the contract conditionally, and agree to sell, provided the purchaser proves able to perf...
-Sec. 46. Death, And Its Effect On Contracts
An agency may be terminated by the death of the principal. Crowe v. Trickey, 204 U. S. 228, affirming 71 P. (Ariz.) 965; Crowe v. Harmon, 204 U. S. 241, affirming 71 P. (Ariz.) 1125; Kyle v. Gaff, 105...
-Sec. 47. Approval Of Principal
One employed to sell land at an agreed price and who receives in part payment land of a certain character within a specified locality, can not recover commissions where the owner refuses to consummate...
-Sec. 48. Abbreviations
Where the abbreviations used in a broker's authorization were such that parties familiar with land descriptions could understand them easily, their use did not render the authority void for uncertaint...
-Chapter IX. Sec. 49. Ambiguous Contracts
Where letters from the owner of land to a real estate broker named terms of sale, and told the broker if he could effect sales the owner would be glad, but that the right to refuse offers was reserved...
-Sec. 49. Ambiguous Contracts. Continued
The fact that a broker employed to effect a sale is a director in the corporation which he procures to buy the property, does not prevent him from recovering a commission, where the person who practic...
-Sec. 52. Caveat Emptor
A purchaser of real estate is entitled to rely on the representation of the agent for the sale thereof as to its location, and is not bound by the doctrine of caveat emptor to make further inquiries a...
-Sec. 53. Credit
An agent to sell land on credit has no implied authority to receive payment therefor, nor to receive payment before due, nor in anything but money. Mann v. Robinson, 19 W. Va. 49. Compare Sec. 335. A ...
-Sec. 54. Contingency
In an action by a broker to recover commissions for selling land, evidence that the act of the defendant prevented the happening of the contingency on which payment was to be made was inadmissible, th...
-Sec. 55. Changes In Contracts
A contract for the sale of lands was executed by the owner and left with his agent for the sale of such land for delivery to the purchaser, the agent altered the instrument by substituting the name of...
-Sec. 56. Counter Proposition
A broker employed to procure a purchaser procured one who offered a specific sum, which the owner rejected; the owner made a counter-proposition which the purchaser rejected; thereafter the purchaser ...
-Chapter X. Sec. 57. Deeds
Testimony that a deed was tendered to the principal in pursuance of an agreement between the parties is sufficient, prima facie, to sustain a finding that it was delivered within thirty days. Beebe ...
-Sec. 58. Deeds, Their Execution By Agents
One who has authority from another to execute a deed or other instrument under seal, should do it in the name of that other, and not in his own name, even as agent. Robbins v. Butler, 24 I11. 428. If ...
-Chapter XI. Sec. 59. Description Of Property
In a contract with a real estate broker for the sale of certain property, the description, My property, 48 Eldridge Court, is sufficiently definite to enable the broker to recover commissions, the c...
-Sec. 60. Drunkenness In Its Relation To Competency To Make A Contract
Mere excitement from the use of intoxicating liquors is not such drunkenness as will enable a party to avoid his contract; such excitement and drunkenness must be excessive and absolute, so as to susp...
-Sec. 61. Fixed Price
Where the principal makes a sale to a purchaser found by the broker, having availed himself of the broker's services, he is liable for the commission, although the sale is made at a lower price than t...
-Sec. 62. Guardian Of Minor Or Insane Person
Where in employing plaintiff as a real estate broker to effect a sale of land, defendant acted as the guardian of a minor and had no personal or private interest in the property, all of which was know...
-Sec. 62a. Broker Not Entitled To Commission On Sale Made After Appointment Of A Receiver
A broker can not recover on contract with owners of property, whereby he was to produce a buyer at stipulated price, where he knew that a Receiver had been appointed to sell the land at the time the b...
-Sec. 63. Undivided Interest
Where a power of attorney authorized an agent to grant, bargain and sell certain lands, or any part or parcel thereof, for such sum or price, on such terms as to him shall seem meet, and for me and ...
-Sec. 64. Interest Of Tenant In Common
Defendant was tenant in common of certain premises of which he wished to dispose, and employed plaintiff to sell his interest for him; plaintiff attempted to negotiate a sale to defendant's co-tenant,...
-Sec. 65. Contract Conditional On Securing Other Interests
Where the real estate agents and the parties to the proposed exchange of properties understood that the agreement for the exchange, and any right to commissions, were dependent upon the defendants' ac...
-Sec. 66. Consolidation Of Interests Not A Sale
Where, to acquire means of irrigation for lands so as to make them salable, they were transferred to a land irrigation company, the owner taking stock and bonds therefor, the transaction was a consoli...
-Sec. 67. Payment In Installments
Where a vendor agreed to pay his agent's commissions for selling the land out of the purchase money as it was paid in proportionate amounts, and on foreclosure of the purchase money mortgage, the vend...
-Sec. 68. Introduction Of Prospective Purchaser
A broker is not entitled to compensation for merely introducing the vendee, unless his character as such agent was disclosed to the principal at the time of contract. Keener v. Harrod, 2 Md. 63; Bassf...
-Sec. 69. Indirect Acts Of Broker Ineffectual To Establish Contractual Relations
The owner of a house having received from his son a telegram asking his lowest price for the house, which was sent at the instigation of a real estate broker, answered stating the price he would take,...
-Sec. 69a. Indirect Sale Which Authorizes Commissions To Broker
A broker indirectly interested the purchaser in the property, and so was entitled to the commissions provided for, though the sale was made by the owner, unless to one not interested in the property...
-Sec. 70. Information, Acted Upon By Broker, Not Establishing Contractual Relations
Where the owners of real estate expressly refused to employ the plaintiff, a broker, in selling their property, it was held that the mere fact that the plaintiffs, after ascertaining the price charged...
-Sec. 71. Insurance Company, Broker Obtaining Loans From Not Agent Of
The fact that a loan agent who is in the habit of sending applications to, and obtaining loans from, an insurance company as well as other parties, is the agent of such company for the purpose of proc...
-Chapter XII
72. Written proposition from proposer and acceptance by agent makes binding contract. 73. On failure of vendor to re-execute contract after purchaser materially altered, no meeting of minds. 74. Sig...
-Sec. 72. Written Proposition From Proposer And Acceptance By Agent Makes Binding Contract
A written proposition to employ one as agent to sell land signed by the proposer and accepted by the agent, though not signed by him, makes a binding contract of agency enforceable against both. Rowan...
-Sec. 73. On Failure Of Vendor To Re-Execute Contract After Purchaser Materially Altered The Same, There Was No Meeting Of Minds
Where a broker, in an action for services in procuring defendant a purchaser for land, claimed that both parties had signed and delivered duplicate contracts for sale, and defend-130 ant claimed that ...
-Sec. 74. Signature Of Principal By Agent, In His Presence, Is That Of Principal
Where a principal's name is signed by the agent at the request of the principal, and in his presence, the signature is deemed that of the principal himself, since the agent does not act in that capac...
-Sec. 75. Signature Of Principal By Agent Should Be Followed By His As Agent
Only the name of the principal should be used in the body of the instrument, as one of the contracting parties, the agent should then sign the principal's name to it, and then his own as agent. Mears ...
-Sec. 76. Signature Of B, As Attorney For Parties Of First Part, Failed To Bind The Principal
Where a contract for the sale of lands stated in the body of it that it was made by the parties of the first part, without naming them, by B, their attorney, the concluding clause was, In witness whe...
-Sec. 76a. Agent Contracting As Principal Personally Liable As Such
Where an agent contracts as principal, and does not disclose his agency, he is personally liable as principal. Loehde v. Halsey, 83 I11. App. 452. See also Secs. 43, 383. ...
-Sec. 76b. Broker Entitled To Commission From Fellow Broker On Sales Of Land For The Latter
Defendant, a real estate agent, contracted with plaintiff, also a real estate agent, to pay plaintiff $1.25 per acre, or one-half of all commissions made by defendant, on all lands sold to purchasers ...
-Sec. 77. Signature Placed At Bottom Or Top A Sufficient Compliance With Statute
The requirement of a statute that a contract for the sale of lands between a broker and the owner be subscribed by both parties is met when the signature of the parties is placed thereon to authentica...
-Sec. 78. Signature, The Word "Subscribed" Is Equivalent To "Signed"
The word subscribed, as used in a statute requiring a contract for the sale of lands, between a broker and the owner, to be in writing, subscribed by both parties, is synonymous with the word signe...
-Sec. 79. In Some States A Contract To Divide Commissions With A Sub-Agent Must Be In Writing
Burns' Anno. Stat. 1901, Sec. 6629a, declares that no contract for the payment of any sum as commissions for finding a purchaser for the real estate of another, shall be valid unless the same shall be...
-Sec. 79a. Unless Barred By Statute, Broker May Be Authorized By Parol To Make A Valid Contract To Sell Or Lease Real Property
Except in those States where the statutes expressly require the authority to be in writing, an agent may be authorized by parol to make a valid contract for the sale or the leasing of his principal's ...
-Sec. 79b. In Certain States A Contract For The Sale Of Lands Must Be In Writing
Alabama, Arkansas, California, Colorado, Illinois, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, Ohio and Pennsylvania. Mechem on Agency Sec. 89. ...
-Sec. 79c. Contract May Be Put In Writing After Performance
Despite Civil Code, Sec. 1624, a memorandum providing for the compensation of a broker, executed after the services had been rendered, is enforceable in view of Secs. 1605, 1606. Car-rington v. Smithe...
-Sec. 79d. Action Ex Delicto Maintainable On Parol Contract
Where an owner of real property sued defendant for fraud in preventing an exchange as her broker, it was not material whether defendant's contract was in writing, under Burns's Ann. St. 1908, Sec. 746...
-Sec. 80. Broker On Procuring Customer Sending Telegram To Owner, Telegraph Company Not Agent As To Notice
The understanding that a real estate broker, on procuring a purchaser of land, should wire the owner, does not constitute the telegraph company the owner's agent, so that a notice to the company that ...
-Sec. 81. Telegram Must Reach Owner Before He Signs Contract With Another Or It Is Too Late
In an action for commissions earned on a sale of land it appeared that plaintiff procured a purchaser who entered into a contract to buy, plaintiff notified the owner thereof by telegram the following...
-Part II. Options, Sales, Exchanges, Leases, Loans, Etc. Chapter I. Options. Sec. 82. Exclusive Contract To Sell And Take All Over Net Price, An Agency And Not An Option
A contract providing that C should have the exclusive sale of K's land for sixty days at a sum named, commissions to be obtained above that sum, makes C the agent of K, and does not give him an option...
-Sec. 82a. Construed A Contract Of Sale And Not An Option
A contract executed by the owner of land with one sent to him by a broker, held, a contract of sale with, at most, a provision for forfeiture, and not an option, as was intimated at his death, broker ...
-Sec. 83. Broker Employed To Secure An Option Entitled To Reasonable Compensation
A broker employed, not to purchase property but simply to procure an option, and whose employer does not avail himself of the services to make a purchase, is entitled only to reasonable compensation, ...
-Sec. 83a. Option Contract Not Within Statute Of Frauds
One negotiating to locate and obtain an option for the purchase of land for a lumber yard may recover, though the contract is not in writing, as is required by Burns's Ann. Stat. 1908, Sec. 7463, in c...
-Sec. 84. Option, Subject To Revocation, Makes Principal Liable To Broker On Finding A Purchaser
Though the owner was at liberty under the agreement to sell the property himself, the mere fact that he had given a prospective purchaser an option on the property, subject to revocation by either par...
-Sec. 84a. Contract Of Agency To Sell Land May Give Broker Also An Option To Purchase
A contract creating an agency to sell real estate may also give the agent an option to purchase. Shepard v. Pabst, 135 N. W. 158, 149 Wis. 35. ...
-Sec. 85. Broker Employed To Effect A Sale, Who Secures A Mere Option, Is Not Entitled To Commissions
A broker employed to find an absolute purchaser at a specified price, on terms agreeable to the seller, has not earned a commission by procuring a person who is willing to execute a contract by which ...
-Sec. 85a. Contract Held To Be An Option And Not A Contract Of Brokerage
A contract held to give a party the option to perform the contract in person or to assign it to a responsible person, and not a contract of brokerage. Hummel v. City Nat. Bank, 143 S. W. 374, 146 Ky. ...
-Sec. 85b. Broker To Procure Purchaser Procured Option; Death Of Owner Before Exercise Did Not Bar Broker's Commission
Where broker employed to procure a purchaser of property procured a third person to take an option on the property. The death of the owner before the option was exercised did not affect the broker's r...
-Sec. 86. Broker Entitled To Commissions Where Customer Exercises Option By Purchasing The Property
On the customer exercising his option by purchasing the property the broker's commission is due. De Wolf v. Wis. Lake Ice & Cartage Co. (Wis. Sup. '10), 124 N. W. 297; Block v. Ryan, 4 App. Cas. (D. C...
-Sec. 87. Where Principal Held Only An Option At Time Of Sale Does Not Defeat Broker's Right To Commissions
The fact that the principal does not own the property which he employs the broker to sell, does not defeat the broker's right to compensation on procuring a purchaser. Smith v. Schiele, 93 Cal. 144, 2...
-Sec. 87a. Broker Procuring Customer To Exchange Who Defaults His Contract Entitled To Commission
A real estate agent who, in good faith, secures for his customer an exchange of lands on terms embodied in a written contract, thereby earns his commission for securing such purchaser, although the tr...
-Sec. 88. Broker Who Took An Option Not Agent Of The Owner To Negotiate A Sale
A real estate broker who took an option to purchase certain real estate at a stated price is not the agent of the owner for negotiating its sale. Southack v. Lane, 65 N. Y. S. 629, 32 Mis. 141; Hagone...
-Sec. 89. Exercise Of Option To Purchase Revokes Contract Of Agency To Sell Land
A contract of agency for the sale of land is revoked by notice of the exercise of an option to purchase subsequently given. Faraday Coal & Coke Co. v. Owens, 26 Ky. L. E. 243, 80 S. W. 1171. ...
-Sec. 89a. Owner Giving Option Cannot Deprive Broker Of Right To Commissions Under His Contract
Where a vendor has incurred liability to a real estate broker for commissions, he can not avoid it by notifying the broker, on the signing of an option, that he does not intend to pay a commission. Pe...
-Sec. 90. Agreement To Sell, Cash On Delivery Of Deed, Etc., A Mere Option And Not A Contract Of Sale
An agreement to sell realty cash on delivery of deed, or one-half on time if terms can be agreed on, is a mere option and not a contract of sale. Wallace v. Figone, 107 Mo. App. 362, 81 S. W. 492; I...
-Sec. 90a. Held A Contract To Sell Real Estate, Although Word "Option" Is Used
A contract which gives to a broker the exclusive right to procure a purchaser of real estate of the owner for a specified price, with the right to retain for his services any excess which the purchase...
-Sec. 91. A Sale Of Land By The Owner, Subject To Option, Does Not Constitute A Breach Of Contract
If during the continuance of the option given to a real estate broker, the owner bargains the property to a third party contingent on the failure of the option holder to comply with the terms of the o...
-Sec. 92. Where Broker Sent Owner The Form Of An Option, Which He Executed, On Sale Broker Not Entitled To Commission
Where a broker sent the owner of real estate a form of a purchase option, which the owner executed and a sale took place under the option, the broker was not entitled to recover commissions from the o...
-Sec. 93. Broker To Procure A Lessee Not Entitled To Commissions For An Option
A paper signed by a principal and a proposed tenant stipulated, We agree to execute a lease of certain premises to such tenant from October or November, 1906, for seven years, at a rental of $18,000...
-Sec. 94. On Concluding An Option For Whole Tract, Owner Justified In Refusing Offer For Part
Where plaintiff, pursuant to her employment to sell certain land for defendant, produced a purchaser who was willing to take an option on the land, defendants were justified in refusing to consider th...
-Sec. 95. Parties Taking Options At Liberty To Withdraw Before Contract, And No Commissions Are Earned
Where the owner of certain land was willing to give a purchaser procured by plaintiff the privilege of buying, and the purchaser was willing to take an option, it would be presumed that the parties we...
-Sec. 96. When Option Was Exercised Broker Was Entitled To Commissions, Although Paid For Reselling Lease
Plaintiff engaged by defendant to sell found no customer, but found a person who would take a lease with an option to purchase, and defendant agreed to this, and paid plaintiff a commission on the lea...
-Sec. 97. Contract Of Exchange Contingent On Encroachments Not Defeating Was A Mere Option
In an action by a real estate broker for commissions for effecting an exchange of defendant's property, evidence that at or about the time of the signing of the contract of exchange, which stipulated ...
-Sec. 98. Co-Agent Not Bound By An Option Neither Given Nor Ratified By Himself
A co-agent under a power to sell is not bound by an unauthorized option not given or ratified by himself, and, if he purchase the land for himself, can not be held as a trustee for the claimant under ...
-Sec. 99. Option And Title Bond Taken By Agent To Insure Sale, Do Not Affect Relationship Of Agency
Real estate agents who take from the owner of lands listed with them for sale, an option and title bond to make certain that, if a sale is effected, it will be carried out without obstruction, are sti...
-Sec. 100. Option At Best Price Obtainable Means Satisfactory To Purchaser
A contract of employment to obtain options on property stated that the options should be at a price at which the party for whom they were purchased may buy. Meld, that the intent of the parties was ...
-Sec. 101. Option Unexercised, Subsequent Sale To Party By Administrator, Broker Not Entitled To Commissions
A broker who finds a person who takes an option on the purchase of certain mining property, which is not carried out, can not, where the owner dies before the option expires, recover his agreed commis...
-Sec. 102. Broker To Secure Two Options, Principal Tells Him Not To Act As To One, Breach Of Contract
Where a party under a contract is to secure for a second party options on certain properties, and the second party directs him not to proceed in reference to securing an option on one of the properti...
-Sec. 103. Broker Not Entitled To Compensation For Securing Part Of Options
Plaintiff and defendant entered into a contract whereby defendant agreed to pay plaintiff a certain sum if the plaintiff should secure certain options on ore land and on a majority of the stock of a c...
-Sec. 104. Broker Obtaining Price From Owner, Amounts Only To A Naked, Verbal Option
Where a broker asks and obtains from the owner the price at which he would sell real property, without anything being said as to the broker's employment or compensation, and it does not appear that th...
-Sec. 104a. Holder Of Option Not Necessarily The Agent To Sell The Property
A holder of an option contract on land is not necessarily the agent of the owner so as to render the owner liable for misrepresentation by him inducing a sale to a third person, and it is immaterial t...
-Sec. 105. Option Given And Extended, Broker Held As Acting In The Character Of A Purchaser
In an action by a broker for commissions in procuring a purchaser of timber lands, it appeared that the broker, on learning that the property was for sale, looked it over at different times, and had a...
-Sec. 105a. Broker Given Option May Sell At An Advance Without Accounting To Owner Therefor
A broker employed to procure a purchaser and given an option to purchase; held, entitled to exercise the option and convey the property to another at an advance, without being required to account to t...
-Sec. 106. Error To Prevent Defendant Showing How Option Was Finally Made To Purchaser
Where, in an action by a real estate broker to recover commissions for finding a purchaser, defendant claimed that the sale was made through the efforts of another, it was error to sustain an objectio...
-Sec. 107. Defendants Giving Broker Option, Estopped To Say They Procured His Customer To Buy
Where defendants gave plaintiff an option to effect a sale of coal property, if sold within a certain time, on a stipulated commission, and agreed to assist plaintiff in the sale thereof, defendants w...
-Sec. 108. Defendant May Show Purchaser Took An Option, And Did Not Intend To Buy Unless He Secured Adjoining Lot
In an action by a broker to recover commissions for making a sale of realty defendant may show that plaintiff knew that the purchaser presented by him simply obtained an option, and did not intend to ...
-Sec. 108a. Broker To Sell Land Not Entitled To Commission After Principal Gives Option To Purchase
Broker not entitled to a commission where employed to sell land, where his principal gives an option to purchase. Martin v. Wilson, 134 P. 532, 24 Idaho, 353. ...
-Sec. 109. Option As Only Agreement, What Owner May Show To Corroborate That Claim
Where, in a suit for a commission for finding a purchaser for land, plaintiff alleged that the owner listed it with brokers, who listed it with plaintiff's firm, with the owner's consent, the owner co...
-Sec. 110. Option Held Not Expired When Sale Was Made By Owner
In an action by a broker to recover commissions on a sale of land, evidence held to support a finding that an option authorizing plaintiff to sell the land, had not expired before the sale. Holbrook-B...
-Sec. 110a. Contract Held An Option And A Brokerage
Agreement giving broker an option to purchase land at a specified price, and providing that a commission of 5% would be paid; held, to give broker not only an option to purchase, but a right to sell t...
-Sec. 110b. Option To Sell Realty Defined
Option to sell realty given brokers provided it should remain in force for 90 days, and that if the owner sold within 90 days after expiration to one to whom the land was recommended by the brokers, t...
-Sec. 111. Error To Grant New Trial To Permit Setting Up The Exercise Of An Option
Where, in an action for a broker's services in the sale of a mine, a non-suit was granted, by reason of the fact that an option to purchase negotiated by the broker had not matured when suit was broug...
-Chapter II. Sales Of Real Estate. Sec. 112. If Employment Does Not State Terms Of Sale Satisfactory To Principal Implied
A real estate broker is not entitled to commissions for the sale of land unless he procures a purchaser who is able, ready and willing to complete a purchase on terms named, or which are, in the absen...
-Sec. 112a. Broker To "Sell" Property Does Not Mean To Convey It, Or Guarantee, Or Collect Deferred Payments
Employment of a real estate broker to sell property on commission does not mean that he is required to convey it, or guarantee, or collect deferred payments. Payne v. Ponder, 77 S. E. 32, 139 Ga. 28...
-Sec. 113. A Broker Who Effects A Sale According To The Terms Of The Employment Is Entitled To Compensation
Where property is placed with a broker for sale, he is not bound to consummate a sale or procure a purchaser upon the agreed terms, but when he does either his commission is earned. Walsh v. Hastings...
-Sec. 113a. Broker Entitled To Commission For Aiding In The Making Of A Sale
Where defendant agreed to pay plaintiff a stipulated commission for his aid in selling land, and plaintiff, at defendant's direction, assisted in making a sale, he is entitled to his commission regard...
-Sec. 113b. Broker Entitled To Commission For Procuring Buyer Who Paid More Cash Than Required
The procuring of a purchaser who agreed to pay a greater proportion of the price in cash than required by the brokerage contract; held, sufficient to entitle the broker to his commission. Paulsen v. R...
-Sec. 113c. Sale According To Terms But To Different Person Entitled Broker To Commission
Where a broker notified the owner that he thought that a third person would purchase the property, and the owner authorized a sale at a specified price for a specified commission, the broker's authori...
-Sec. 113d. Broker To Sell Must Effect Sale Or Secure Binding Contract To Earn Commission
A broker employed to sell, as distinguished from a broker employed to find a purchaser, is not entitled to compensation until he effects a sale or procures from his customer a binding contract of purc...
-Sec. 114. A Contract Of Sale May Be Established By Circumstantial Evidence
Circumstantial evidence may be sufficient to establish a contract of sale when no objection is made to the competency of any portion of it. Chapin v. Bridges, 116 Mass. 105. ...
-Sec. 115. A Judicial Sale Producing Increased Price Entitled Broker To More Commissions
Where land is bought at a judicial sale for a nominal sum by a third person who, pursuant to a guaranty made to the receiver pays a much larger sum for the property, the broker is entitled to commissi...
-Sec. 116. Broker Not Entitled To Commissions For Making A Nominal Sale
A broker employed to sell property is not entitled to a commission where the transaction so far as it was effected by him did not amount to a sale. Viaux v. Old South Soc., 133 Mass. 1, 10; Cosgrove v...
-Sec. 117. Contract Of Sale Signed By Purchaser Prima Facie Evidence Of Readiness To Buy
A contract of sale signed by a purchaser, unilateral when tendered to the vendor, is prima facie evidence of the purchaser's readiness and willingness to buy. Flynn v. Jordal, 124 Iowa, 457, 100 N. W....
-Sec. 118. An Enjoined Sale Does Not Deprive The Broker Of Commissions Earned
A broker employed to sell real estate has discharged his duty when he produces a purchaser able and willing to buy upon the terms and at the price fixed by the seller, regardless of whether the sale i...
-Sec. 119. Broker Employed To Effect A Sale Not Entitled To Compensation Until Consummated
In an action to recover the agreed compensation to be paid on the making of a sale or disposition of the property, a broker is not entitled to recover for merely finding a purchaser, when he failed to...
-Sec. 120. The Withdrawal Of Land From Sale Entitled Broker, Under The Contract, To Commissions
By the terms of the contract of employment between the owner of land and a broker commissions became due upon withdrawal of the property from sale within a certain time. Held, that the notice recited ...
-Sec. 121. Transaction Whereby Properties Are Given For Others And Cash Difference Is A Sale
A transaction by which certain pieces of property are given for others, a definite price being put on each and the difference paid in cash, is a sale and not an exchange. Thornton v. Moody, (Tex. Civ....
-Sec. 122. Sale Miscarrying Through No Fault Of Principal, Broker Not Entitled To Commissions
Where the owner of land authorized real estate agents to sell land purchased by him, and informed them that he had no deed for the same, but held it under a contract, and the agents made a contract fo...
-Sec. 123. Sale By Wrong Description Bars Broker's Right To Commissions
A real estate broker authorized to sell a tract of land spoken of by the owner as being his land on a certain canal, has no authority to sell it by any other description than that by which it was purc...
-Sec. 124. A Single Sale Of Real Estate Not Doing Business To Require A License
One who, while engaged in other business, sells land for another, may recover his commissions, though he had not taken out a license as required of real estate agents, since a single sale does not con...
-Sec. 125. Owner Forced To Sell With Joint Owner Deprives Broker Of Commissions
Where a landowner, who has engaged a real estate agent to sell land at a certain price, is forced to join with a joint owner to effect a sale and sell at a reduced price, the agent is not entitled to ...
-Sec. 125a. Transfer By Joint Owner Of Undivided Half Interest A Sale Entitling Broker To Commission
The transfer of an undivided one-half interest in a farm by one joint owner to the other is not a sale of the farm contemplated in the reservation in the contract by the joint owners with a broker for...
-Sec. 126. Sale By Broker, Who Agrees Afterward To Resell, Not A Fraud On Seller
A broker negotiated a sale of plaintiff's land to defendant, who had his deed made out to a third person, who afterwards conveyed to defendant; a few weeks after the sale defendant agreed to let the b...
-Sec. 127. Sale Ineffectual Where Broker Had No Authority To Make It
In a suit for specific performance of a contract by C. as agent of defendant to convey certain lots, it appeared that the lots were situate in D., where such agent resided; that on March 30, 1889, def...
-Sec. 128. Advertisement On Land As For Sale By Agent Insufficient To Imply Right To Sell
An advertisement put up upon land offering it for sale, and referring to the owner and another person, is not, in opposition to a denial by the owner of the agency of such third person, sufficient to ...
-Sec. 128a. Broker Not Entitled To Commission Where Purchaser Induced By A Catalogue And Not By Efforts Of The Broker
Where a catalogue prepared by a real estate broker listing property placed in his hands for sale happened into the hands of a subsequent purchaser, to whom the broker made a fruitless effort to show t...
-Sec. 129. Authority To A Broker To Find A Purchaser Gives No Right To Make A Sale
A letter to an agent saying: As you stated you could get $30,000 for the place you occupy, * * * and if you can, we will sell at that price * * * and allow you 2 1/2 per cent on said price, merely a...
-Sec. 130. Where Agent Buys At Inadequate Price, By Fraud, Contract Of Sale Will Be Set Aside
Where an agent purchases property at a grossly inadequate price, by the concealment of facts and information relating thereto which he was bound to disclose, the sale will be set aside. Norris v. Tayl...
-Sec. 131. Agent Becoming Purchaser Unknown To Principal, Sale Will Be Set Aside
Where an agent becomes the purchaser, without the knowledge of the principal, the sale will be set aside. Fisher's Appeal, 34 Pa. St. 29; Butler v. Haskill, 4 Desau. (S. C.) 651; Casey v. Casey, 14 I1...
-Sec. 132. Contract To Pay A Broker A Commission On Accepted Sale, Though No Effort Required, Upheld
A contract to pay a broker a commission on any accepted sale procured by him will support a recovery for such commission, though it does not bind the broker to make any effort to sell. Brooks v. Leath...
-Sec. 133. Contract May Require Broker In Order To Earn Commissions To Effect A Sale At The Price Limited
It is clearly competent for the owner and broker to agree that the latter shall have no compensation unless he shall effect a sale at the price limited, and the broker would be bound by such a contrac...
-Sec. 134. Sale At $350, When Contract Limited To $400, Did Not Entitle Broker To Commissions
In an action for commissions for effecting a sale of a house for defendant, it appeared that defendant agreed to give plaintiff $75 if he should sell the house for $500 before a certain day, and $50 i...
-Sec. 135. Sale By Broker At $1,500, After He Said He Could Not And Asked Lower Terms, Unauthorized
Where an agent authorized to sell for $1,500, if at once, stated he could not and asked for lower terms, and after a month with no other authority, he sold for $1,500, the sale was unauthorized. Matt...
-Sec. 136. Without A Special Contract, Broker To Find A Purchaser Requires A Sale To Be Entitled To Commissions
A real estate broker employed by the owner, without any special agreement, to find a purchaser, is not entitled to claim commissions upon the price, although he finds a person willing to purchase upon...
-Sec. 137. Sale By One Of Rival Brokers Puts An End To Contract With The Others
Owners of property often leave it for sale with several different brokers at the same time; in such cases the several brokers have concurrent authority to sell, but a sale by one of them, with the kno...
-Sec. 138. Whether Agent Was To Be Paid Commissions On Both Auction And Private Sales Question For The Jury
The court properly charged that as there are different kinds of sales of lands, and if the contract does not specify the kind, it is for the jury to determine from the evidence and the letters forming...
-Sec. 139. Sale By Agent Of Property Acquired From Principal Liable To Latter For Profits
Where a real estate agent makes a purchase of land of his principal, without his knowledge, using a third party as a medium through whom to secure a deed, and then sells the property at an advance, he...
-Sec. 139a. Party To Exchange Not Entitled To Recover Compensation Received By Broker From Other Party Thereto
Where plaintiff fixed his own terms and employed defendant merely to procure acceptance, defendant being also the agent of the other party to the exchange, and known to plaintiff to be such, compensat...
-Sec. 140. Sale Without Written Authority Excepted From The Operation Of The Statute As To Employment Of Brokers
Where, in an action by a broker for commission on a sale of real estate, defendant's answer admitted the employment of plaintiff as a broker, and it appeared that the contract of exchange of propertie...
-Sec. 140a. Contracts Held Not Within Statute Of Frauds
The promise of a purchaser to pay half the commissions claimed by real estate agents of the vendor, the vendor denying he owed them anything, and stating that rather than pay them the trade would be o...
-Sec. 141. Sale By Second Agent To Client Of First, At Lower Price, Latter Not Entitled To Commissions
A real estate agent employed to sell for a specific price is not entitled to his compensation on production of a person to whom the property is sold by another agent at a lower price. Wolff v. Rosenb...
-Sec. 142. Sale By Owner Before A Sale By Agent Bars Commissions
An owner of land was solicited by plaintiffs to place it in their hands for sale, and wrote that he must have a certain fixed price for the land, and that plaintiffs could have all they could get over...
-Sec. 142a. Broker Entitled To Commission For Sale Made By The Owner
A stipulation in a broker's contract for compensation in the event of a sale by the owner himself is valid, where the broker has used ordinary diligence to make a sale of the property. Fut-rell v. Ree...
-Sec. 142b. Broker Not Entitled To Commission On Sale By Owner After End Of Employment
Broker not entitled to a commission upon a sale of the property by the owner after the time allowed the broker for procuring a purchaser, though sale afterwards resulted from broker's offer. Slotboom ...
-Sec. 143. Where Vendor And Customer Disagree As To Terms Of Sale, And Broker Acquiesces, Bars Commissions
A real estate agent is not entitled to commissions for a sale of land, where, before the completion of the sale the parties disagree as to terms, and the transaction is considered at an end, if the ag...
-Sec. 144. Sale For Cash Is Complied With By Broker Selling To Be Paid On Execution Of Deed
Where the terms of a contract between the owner of land and a broker who was to procure a purchaser, required a cash provided that if the owner desired to retain possession for a time he could do so b...
-Sec. 145. Broker Selling Contract Of Sale, Vendee Refusing To Assign, Entitled To Commissions
Where plaintiffs were employed as brokers to sell a contract for the sale of real estate at a profit of $1,000 net to their clients, and they produced a purchaser ready, able and willing to take the c...
-Sec. 146. Sale Of Public Land, Broker To Recover Commissions Must Show He Effected Attendance Of Purchaser
Where a real estate broker claims compensation for securing the attendance of a purchaser at a public land sale, he must at least show he had some effect upon the purchaser's attendance. Perkins v. Un...
-Sec. 147. Plaintiff To Plat And Sell, And Pay $150 An Acre To Defendant, Was A Contract For The Sale Of Lands
A contract whereby defendant agreed to sell plaintiff, or his assigns, certain lands for $150 per acre, plaintiff to plat the land and sell it, and to pay the proceeds to defendant until the latter ha...
-Sec. 148. Broker Failing To Sell, And Owner By Reducing Price Selling To Customer, Not Entitled To Commissions
Where a broker's efforts to procure a purchaser fail, because of the purchaser's refusal to purchase on the terms fixed by the broker, and the negotiations between them are broken, the fact that the o...
-Chapter III. Exchanges Of Real Estate. Sec. 149. In Estimating Commissions On An Exchange, The Actual And Not The Trade Value Is The Basis
In estimating the commissions for a sale of real estate, where part of the price was paid in town lots, the actual and not the trade value of the property should be considered. Boyd v. Watson, 101 Iow...
-Sec. 150. Broker To Effect Exchange Ordinarily Entitled To Commissions On Execution Of Contract Therefor
A broker employed to effect an exchange of land ordinarily becomes entitled to a commission upon the execution of a contract therefor. Blaydos v. Adams, 35 Mo. App. 526; Shanks v. Michael, 4 Cal. App....
-Sec. 151. Broker May Recover Commissions For Effecting An Exchange Though Property Received Not Discussed In The Negotiations
Where a vendor employs a broker to bring about an exchange of realty, and the broker brings the owner and another together, 166 he may recover his commissions on an exchange, although the property rec...
-Sec. 151a. Broker Not Entitled To Commission On Exchange Effected With His Customer By Another Broker
A broker can not recover commission where he introduced a party for the purpose of effecting an exchange of property, and thereafter an exchange is made to such purchaser by another broker for differe...
-Sec. 152. Where Principal Receives Good Title To Property Conveyed Cannot Defeat Broker's Commissions For Exchage
Where the principal in an exchange of property actually receives a good title to the property conveyed to him, he can not defeat an action by his broker for commissions on the ground that his contract...
-Sec. 153. Broker Supplying Person Willing To Exchange Must Show Customer Able Before He Can Recover Commissions
A real estate agent who finds a purchaser on the terms fixed by the owner of the property, such purchaser being ready, willing and able to take a conveyance and pay the purchase price, has earned his ...
-Sec. 154. That Customer Does Not Own Property Offered, No Ground For Principal's Refusal, Where He Has A Contract For The Purchase Of The Land, To Exchange
Although the customer does not own the fee of the property offered by him, this is insufficient ground for the principal's refusal to make the exchange, where the customer has a contract for the purch...
-Sec. 154a. That He Owned Only Half Interest In Property No Excuse For Failure To Pay Broker
Fact that one who engaged a realty broker to sell land owned only a half interest was no justification for his failure to convey title, and excusing his refusal to pay the broker who procured a purcha...
-Sec. 155. That Land Was Conveyed To Customer In Fraud Of Grantor's Creditors No Ground For Refusal To Exchange
The fact that the land was conveyed to the customer in fraud of his grantor's creditors, where such grantor had an absolute title, is no ground for the principal's refusal to complete the exchange, wh...
-Sec. 156. To Recover Commissions For An Exchange Which Fails By Defect In Customer's Title, The Broker Must Have Acted In Good Faith
To entitle a broker to a commission, where the exchange falls through because of a defect in the customer's title, the broker must have acted in good faith. Games v. Howard, 180 Mass. 569, 63 N. E. 1...
-Sec. 156a. Broker To An Exchange Required To Act In Good Faith To Both Parties
A broker for both parties to an exchange of land owes to each the same good faith that he would have owed to either had he been a single agent. Daugherty v. Stocks, 172 S. W. 616, 185 Mo. App. 541. Br...
-Sec. 157. Broker Does Not Earn Commissions For An Exchange By Producing An Irresponsible Customer
A broker employed to carry out an exchange of lands does not earn his commissions, where he brings to his employer a person who assumes to contract as owner, although he is not, of which fact the brok...
-Sec. 157a. To Earn Commission, Broker Must Produce One Willing To Exchange On Stated Terms
A broker employed to procure a person ready, able and willing to contract for an exchange of real estate on terms satisfactory to both parties to the exchange, is not entitled to a commission unless h...
-Sec. 158. Ability To Make Exchange Does Not Depend On Financial Responsibility But On Ownership Of The Property
The broker must show that the purchaser is able to make the exchange, and this ability is not proved by the mere production of deeds on his part, without some showing that he also had title to the pro...
-Sec. 158a. Purchaser Financially Able, Though He Had To Borrow Part Of Purchase Money
That a customer procured by a real estate agent was financially able, so as to entitle a broker to a commission, is sufficiently shown by the fact that he bought on the authorized terms, though he had...
-Sec. 159. Formal Contract To Convey Property In Exchange Not Sufficient Prima Facie Evidence Of Title Thereto
The customer's ability is not proved by the mere production of deeds on his part, without some showing that he also had title to the property he was willing to deed. Herscher v. Wells, 103 I11. App. 4...
-Sec. 160. Petition Alleging Failure To Make Exchange Defective In Alleging Contract To Procure A Purchaser
Where a petition alleges the failure of defendant to make an exchange of property procured by the plaintiff, it was held defective in alleging a contract to procure a purchaser, with an implied contr...
-Sec. 161. Deed Of Conveyance Competent To Prove Exchange
The defendant having assented to the terms of the written agreement to exchange, the agreement and the deed of conveyance were competent evidence of the sale and the consideration thereof. Hewitt v. B...
-Sec. 162. Participating Without Employment In An Exchange, Broker Not Entitled To Commissions
One participating without employment or authority in a transaction resulting in an exchange of property is not entitled to a commission. Merrill v. Latham, 8 Colo. App. 263, 45 P. 524. See also Sec. 1...
-Sec. 163. One May Recover From Party In Default In An Exchange The Commissions Paid To The Broker
Where an owner of real estate has contracted to exchange it for property owned by another, whom a broker he employed has produced, the contract providing that the land should he conveyed by each to th...
-Sec. 164. Where Pieces Of Property Are Given For Others And The Difference Paid In Cash, A Sale And Not An Exchange
A transaction by which certain pieces of property are given for others, a definite price being put on each, and the difference paid in cash, is a sale and not an exchange. Thornton v. Moody (Tev. Civ....
-Sec. 165. Broker Making Exchange, Where Principal Made Contract, Not Responsible For Misrepresentations Made In Good Faith
Where a real estate broker employed to sell land negotiates an exchange for other lands, his principal making the contract, there is no legal duty devolving upon the broker to ascertain correctly the ...
-Sec. 165a. Broker Entitled To Commission For Exchange With Person Purporting To Be Agent Of Another
That the broker employed to procure an exchange of property for defendant produced a person purporting to act as agent, with whom defendant effected an exchange, the broker could recover commissions w...
-Sec. 165b. Broker Not Entitled To Commission Where Party To Exchange Was Irresponsible
An agent held not entitled to a commission for procuring a contract for an exchange of certain properties, where it appeared that the contract had been fraudulently altered by the agent, and that the ...
-Sec. 166. Error To Prevent Defendant Showing That Broker To Effect Exchange Was Secretly Employed By Other Party
In an action by a real estate broker to recover commissions on an exchange of property effected by him, it appearing that plaintiff was in the employ of both parties to the exchange, the court erred i...
-Sec. 167. Power To Sell Land Does Not Include Power To Lease Or Exchange It
A power to sell land does not include the power to lease or exchange it. Trudo v. Anderson, 10 Mich. 357; Lampkin v. Wilson, 5 Heisk. (Tenn.) 555; Reese v. Medlock, 27 Texas 120; Lucas v. County Rec. ...
-Sec. 168. Styling Himself Agent For Others In A Contract Of Exchange Bound Himself
Where a person in a contract for the exchange of lands styled himself agent for others, but without stipulating in their names or undertaking to bind them as their agent, it was held that he was nam...
-Sec. 169. Exchange Made By Owner And Broker Did Nothing, Latter Not Entitled To Commissions
A broker can not recover on a contract that he should have commissions for effecting an exchange of property with another, where he did nothing under the contract and does not show that he was excused...
-Sec. 169a. Introducing Broker To An Exchange Held Not En-Titled To Commission When Effected By Another
Plaintiff, who introduced defendant to the owner of city property, for which defendant afterwards exchanged his land; held, not entitled to a commission where, on the first proposal, defendant refused...
-Sec. 170. Where An Exchange Was Wrongfully Broken Off By Principal, Broker Entitled To Commissions
Plaintiff, employed by defendant to sell or trade certain land for him, procured an agreement for a trade with the owner of other lands, but, before the deeds were delivered by the parties, on plainti...
-Sec. 171. Meaning Of Term "Net Rental" Of Property Received In Exchange
Where a contract between the owner of property and a broker who undertook to bring about an exchange for certain other property, provided that such property should have an annual net rental of a speci...
-Sec. 172. Broker For Compensation Has No Interest Or Title In Either Of The Properties Exchanged
A broker bringing about an exchange of properties between the owners thereof, pursuant to an agreement with one of them stipulating that he will pay to the broker certain sums on the signing of a cont...
-Sec. 173. Mere Offer By Other Party To Pay Broker Does Not Show Employment Where Broker Did Not Accept
A statement by one party to an exchange of real estate that he had offered to pay the broker employed by the other party a commission does not show that the broker accepted employment by both parties,...
-Sec. 174. Agreement By Broker To Wait For Payment Of Accrued Commissions Unsupported By A Consideration
In an action by a broker to recover commissions on an exchange of property effected by him, whether a written agreement by plaintiff to wait for his commissions until title closed, was signed before o...
-Sec. 175. Broker Effecting Exchange Entitled To Commissions Although Terms Were Changed By The Parties
A broker employed to procure a purchaser for premises at a specified price, part cash, and the balance secured by mortgage, procured a third person to enter into a contract with the husband of the own...
-Sec. 175a. Broker Barred Commission Where He Fraudulently Altered The Contract
Broker not entitled to a commission for procuring an exchange where the contract was fraudulently altered by him. Van Horn v. Wetterhold, 154 P. 270, 97 Kan. 126. ...
-Sec. 176. Contract For Effecting Exchanges Held To Be Severable
Evidence was held conclusive that a contract by which appellant agreed to pay respondent a commission of one dollar per acre for procuring contemplated exchanges of real estate, was not an entire but ...
-Sec. 177. Exchange Defeated By Existence Of Lease Broker Not Entitled To Commissions
Plaintiff, a real estate broker, secured a customer to take defendant's premises in exchange for his own, and to pay defendant for the difference in the value of the equities; no time was stipulated a...
-Sec. 177a. Broker Entitled To Commission For Exchange Defeated By Failure To Pay Off Liens
Where no time was fixed, a party to a contract for an exchange of lands has a reasonable time to satisfy liens, and the broker who effected an exchange can not be denied commission because one party d...
-Sec. 178. Interfering Broker Not Entitled To Commissions For Effecting An Exchange
A letter containing an offer for certain real estate was sent to the supposed owner thereof, who turned it over to a broker; the latter forwarded it to the real owner, with a letter suggesting that sa...
-Sec. 179. Exchange Defeated By Failure To Furnish Abstract Of Title, Broker Not Entitled To Commissions
Plaintiff, employed by defendant to find a purchaser for a stock of goods, found a person who was willing to buy, if real estate which he had was accepted in payment; defendant made a written proposit...
-Sec. 180. Purchaser Able To Give Title To Property Offered In Exchange, Broker Entitled To Commissions
A broker procuring a purchaser able to give title to the property agreed on to be conveyed by him as part of the trade, on the day fixed to carry out the trade, is entitled to his commissions, though,...
-Sec. 180a. Broker Not Entitled To Commission For An Exchange Where Party Did Not Have Title To Land
Broker not entitled to commission for an exchange which failed because one of the parties did not have title to the land. Snyder v. Fidler, 112 N. W. 546, 135 Iowa, 304. ...
-Sec. 181. Mistake In Description Defeated Broker's Right To Commissions For Effecting An Exchange
Defendant agreed to pay plaintiff a commission for finding a purchaser with whom he could exchange his stock of goods for land, and the plaintiff secured a contract with P. to exchange a certain tract...
-Sec. 182. Failure Of Conditional Agreement In Contract Of Exchange Defeated Broker's Right To Commissions
Where a real estate agent and the parties to the proposed exchange of properties understood that the agreement for ex-change, and any right to commissions, was dependent on defendants acquiring outsta...
-Sec. 183. Misrepresentation By Agent To Effect Exchange Defeated Right To Commissions
Where a real estate agent, acting for both parties with their knowledge and consent in an exchange of lands, misrepresented to one of the parties that the other was the owner of a certain farm and rat...
-Sec. 183a. Broker Not Entitled To Commission For Exchange Which Failed, Property Being Homestead, And Wife Not Joining In The Contract
Broker not entitled to a commission for exchange which failed, one of the properties being a homestead and wife not joining in the contract of exchange. Laubscher v. Mixell, 153 N. W. 335, 171 Iowa, 8...
-Sec. 184. In Action For Commissions For An Exchange, Receipt In Another Transaction Inadmissible
In an action by real estate brokers for a commission for negotiating an exchange of defendant's property, which defendant refused to carry out, a receipt given by one of the plaintiffs to defendant fo...
-Sec. 185. Exchange For Certain Amount To Boot, Broker Entitled To Commissions Upon Whole Value Of Property
Where a broker is entitled to commissions on a sale of real estate, and the land is disposed of by an exchange for a certain amount to boot, his commission is to be estimated upon the whole value of t...
-Sec. 186. Broker Entitled To Commissions On Effecting Binding Contract For An Exchange
Where defendant, through an offer by plaintiff, after examination of a parcel of land, executed a contract with its owner to exchange his realty for such parcel, but afterwards refused to execute a de...
-Sec. 186a. Broker Fairly Securing Agreement For Exchange Entitled To Commission
Broker securing agreement for an exchange, as there is no showing that it was obtained by duress, menace, etc., entitled to recover his commission. Lunden v. Ottis, 128 P. 335, 164 Cal. 183. ...
-Sec. 187. Broker Barred Commissions On Failure Of Exchange On Account Of Encroachments
Where defendant entered into a contract for the exchange of real estate, provided that if the other party to the agreement rejected the title on the ground of bay-window and stoop-ledge encroachments,...
-Sec. 188. Broker Entitled To Commissions On Producing One Willing To Exchange
Where a broker was employed to procure a purchaser or one willing to exchange property, his contract was performed when he procured a purchaser able and willing to purchase or exchange, and the fact t...
-Sec. 189. Proof Necessary For Broker To Recover Commissions On Failure To Consummate Exchange
An owner employed a broker to procure a purchaser for his land on specified terms; the broker produced a third person who offered to buy and to convey certain lands in exchange therefor, and to pay a ...
-Sec. 190. Execution Of Contract To Convey Prima Facie Evidence Of Title Thereto
Proof that a party has executed a formal contract to convey certain property in exchange for other property is sufficient prima facie evidence of his title thereto, in an action by a broker for commis...
-Sec. 191. Broker Earns Commissions When Both Parties Agree On The Terms Of An Exchange
A broker employed to secure an exchange of land for a stock of merchandise earns his commissions, when the owner of the stock and the owner of the land procured by the broker agree on the terms of exc...
-Sec. 191a. Broker May Recover Commission For Exchange Though Contract Not In Writing
Sec. 640d of the Code (Laws 1901, p. 302, c. 128), making the offering of real property for sale, without written authority from the agent or his attorney in fact, a misdemeanor, being unconstitutiona...
-Sec. 192. Broker's Right To Commissions Not Affected By Failure Of One Party To Perform Contract Of Exchange
A broker's right to commissions for procuring the execution of a contract for an exchange of property being absolute, when the written contract of exchange was entered into, was not affected by the no...
-Sec. 192a. When Party Withdrew Offer To Exchange, Broker Not Entitled To Commission
If one party withdrew tentative offer for exchange of lands, broker could recover no commissions for procuring the contract. Britton v. Eagan, 196 S. W. 972, - Tex. Civ. App. - . ...
-Sec. 193. Failure To Secure Transfers By Parties To Exchange Defeated Broker's Right To Commissions
An owner employed a broker to procure a purchaser for described real estate for a specified sum at a stated commission; the broker procured a third person to make an offer which the owner accepted, an...
-Sec. 194. Value Of Land Exchanged Shown To Enable Jury To Determine Whether Commission Earned And How Much
Where, in an action by a broker for commissions, the evidence showed that he was to receive $2 per acre from the owner, if he received for his land $16 per acre, or the amount per acre in excess of $1...
-Sec. 195. Broker Not Entitled To Commissions For Effecting An Exchange Where Party Does Not Show Good Faith
A contract of exchange negotiated by a broker incompletely executed by the broker's principals, does not show willingness to perform by the alleged purchaser, where the form of the contract and the wh...
-Sec. 195a. Broker Not Entitled To Commission For Exchange Where Liquidated Damages Fixed For Breach
Provision in a contract for exchange of lands for liquidated damages in case of non-performance let in an attorney's form of agreement into the option so as to defeat a broker's right to commissions f...
-Sec. 195b. Broker Effecting Exchange May Recover Commissions From Both Parties Thereto
A broker employed to bring about an exchange may recover commissions from both sides. Conner v. Munsees, 145 N. Y. Sup. 891. A written agreement for the exchange of real property can not be avoided by...
-Sec. 195c. Broker Not Entitled To Commission For Exchange Not Completed Because Of Flaw In The Title
A broker who brought the parties together, and, upon a flaw being found in the title of lands of one party to the exchange, did nothing more than to await the outcome of supposed efforts to cure the t...
-Chapter IV. Leases. Sec. 196. Value Of Services Of Broker In Negotiating Leases
The value of the services of a real estate broker for negotiating a lease can not be measured by the value of the fee, regardless of the terms of the lease. Daube v. Nessler, 50 I11. App. 166; Grosscu...
-Sec. 197. Lessor Can Not Arbitrarily Refuse To Accept Lease And Defeat Broker's Right To Commissions
Under an agreement to pay commissions for negotiating a satisfactory lease, the lessor can not arbitrarily refuse to accept a lease negotiated and thereby defeat a claim for commissions. Mullaly v. ...
-Sec. 198. Broker To Sell, Securing One Willing To Lease, Not Entitled To Commissions
An agreement to pay a commission to a real estate agent if he should find a purchaser for certain real estate does not entitle him to recover when he only finds a person who is willing to take a lease...
-Sec. 198a. Broker To Secure Lessee, Whose Customer Bought, Not Entitled To Commission
Where a broker procures a prospective lessee for property and introduces him to the owner, and in the subsequent negotiations between such prospective lessee and the owner a sale of the property is ag...
-Sec. 199. Option At Specified Rental Not Exercised By Taking Lease At A Lower Rental
An option to take a lease at a specified rental is not exercised by securing a lease at a lower rental. Curtis v. Nixon, 24 L. T. E. (Eng.), N. S. 706. See also Sec. 101. ...
-Sec. 200. Lease, With Privilege Of Purchase, Held Equivalent To A Sale
A contract which ran for one year, provided that if plaintiff, a real estate broker, effected a sale of defendant's property, he was to receive a certain commission, and in case a sale was made withou...
-Sec. 201. Charge Properly Refused Which Implied No Leases Were Made Without A Broker
In an action to recover brokerage for effecting a lease of real property, plaintiff did not allege that he had been employed by defendant, but alleged that defendant accepted plaintiff's services, wit...
-Sec. 202. Power To Sell Does Not Include Power To Lease
A power to sell land does not include the power to lease or exchange it. Trudo v. Anderson, 10 Mich. 358; Lampkin v. Wilson, 5 Heisk. (Tenn.) 555; Reese v. Medlock, 27 Texas 120. ...
-Sec. 203. Agent Of Lessee Secretly Securing New Term To Himself Holds As Trustee
A confidential agent of the lessee, before the lease expired, secretly procured a lease for a new term to himself, at a larger rent, denying to the principal that he was competing for the lease. Held,...
-Sec. 203a. Broker Entitled To Commission For Lease When That First Proposed To Which He Was A Party Was Not Made
That broker, with third person, proposed to enter into a lease of his client's property, but did not complete the transaction, will not prohibit recovery of commission for negotiating later a lease wi...
-Sec. 204. Broker Entitled To Commissions For Finding A Responsible Lessee On Prescribed Terms
To entitle a broker to commissions for finding a lessee, he must procure a customer able, ready and willing to take the premises oh the terms proposed by the principal. Clark v. Dayton, 87 Minn. 454, ...
-Sec. 204a. To Earn Commissions For Procuring Tenant Broker Must Negotiate A Lease Which The Principal Can Perform
To entitle a broker employed to procure a tenant for real estate to commissions, he must negotiate an agreement for a lease which his principal can perform. Mann v. Criswold, 112 NT. Y. S. 271, 59 Mis...
-Sec. 205. Power To Do All Things Concerning My Real Estate Confers Authority To Lease
A power authorizing an attorney to superintend my real and personal estate, to make contracts, and in general to do all things that concern my interest in any way, real and personal, whatsoever, etc...
-Sec. 206. Waiver Of Tenant's Privilege Of Renewal Of Lease, Secured By Agent, Binds Principal
Where a landlord accepted the waiver of the tenant's privilege of renewal procured by his agent from the tenant, and acted upon the same, he was estopped to deny the agent's authority in the premises....
-Sec. 206a. Broker Barred Commissions Where Lease Was Not Renewed
A contract to pay a broker a commission upon the rent under the renewal of a lease, if the tenant exercised his option to renew, does not entitle the broker to the commission where the tenant failed t...
-Sec. 207. Broker Employed To Collect Rents Not Entitled To Commission For Securing A Lease
A real estate agent employed to collect the rents on a lease taken in his name for the owners, but not negotiated by him, is not entitled to a commission for the whole life of the lease, but only to c...
-Sec. 207a. Broker Entitled To Commission For Lease, Although Tenant Defaulted In Payment Of Rent
Where defendant agreed to pay a broker $500 if he sold a lease for $1,500, and the broker produced a purchaser who paid $1,500 for an assignment, but was unable to comply with the further agreement, t...
-Sec. 208. Broker For Tenant Has No Claim On Lessor For Commissions
A real estate broker who, at the inception of negotiations for a lease, and during their continuance, represented the tenant and not the lessor, has no claim on the latter for commissions. Blake v. St...
-Sec. 209. Broker To Procure A Lessee Not Entitled To Commission For Procuring A Mere Option
A real estate agent employed to lease property procured a proposed lessee to sign a paper reciting the payment of money on account of a deposit to be paid on the signing of a proposed lease, but such ...
-Sec. 210. In Action By A Broker For Commissions, Owner Can Show Previous Lease To Another
Where, in an action by a broker for commissions alleged to have been earned in procuring a tenant for defendant's property, there was no showing as to the character or business of the tenant claimed t...
-Sec. 211. Broker Bound By First Claim For Commissions For Lease And Can Not Increase Amount
Where the plaintiff testified that he told defendant what the commission would be for a lease of his property, but was silent as to what the commission was, and the defendant said that the first claim...
-Sec. 212. Broker Securing Lease For Five Years, And Sale At Second Year, Loses Commissions For Three Years
Where plaintiff procured a tenant for defendant for a term of five years, the lease providing that if the property was sold, it should be ended, and the property was sold at the end of the second year...
-Sec. 212a. Lease To Another Party Not The Exercise Of Renewal And Barred Broker's Right To Commission
A new lease executed by a landlord to a different corporation; held, not the exercise of an option to renew contained in a former lease, and hence plaintiff, a broker, who procured the latter and was ...
-Sec. 213. Where Lease Forbade Sub-Letting, Oral Assent Of Agent Therefor Unavailing
Where a written lease forbids sub-letting, the oral assent of the landlord's agent to such sub-letting, without any new consideration with the landlord is unavailing. Spota v. Hayes, 73 N. Y. S. 959, ...
-Sec. 214. Lease By Owner After Broker's Contract Ended Deprives Him Of Commissions
Defendant, the owner of a building, informed plaintiff, a real estate broker, that he desired a tenant, and stated that plaintiff should bring him an offer, if plaintiff could get one; plaintiff then ...
-Sec. 214a. Where Tenant And Owner Made Lease, Broker Barred Commission
Broker not entitled to a commission for a lease brought about by the tenant and defendant. Weinberg v. Smith, 152 N. Y. Supp. 1030. ...
-Sec. 215. Broker Bringing About The Sale Of A Lease Entitled To Commissions
One employed by the owner of a lease to negotiate a sale thereof, who begins negotiations which finally result in a sale as authorized, may recover compensation accordingly. North-rupp v. Biggs, 128 M...
-Sec. 216. Broker Not Entitled To Commissions Where Sale Of Lease Frustrated By Lessor's Refusal To Assign
Where plaintiffs were employed to sell a dairy on certain terms and obtained a purchaser conditioned that the vendor's lessors would consent to assign their lease, and the landlords refused so to do, ...
-Sec. 216a. Broker Held Not Entitled To Commissions Where Plaintiff Refused To Make Lease
A real estate broker said to one of defendant's officers that he could rent defendant's building for a treater, provided defendant would make certain changes. Several interviews followed, and plans of...
-Sec. 216b. Broker Barred Commission When Building Destroyed Before Lease Was Signed
An owner agreed to pay a commission for procuring a tenant for a building to be erected, payable upon the signing of the lease, and which contract for a lease, binding the tenant procured by plaintiff...
-Sec. 216c. Broker Earned Commission For Lease Which Failed Because Husband Did Not Sign It
Where a broker employed by a married woman to procure a lessee on her separate real estate procured a lessee willing to lease the property on the terms specified, that she must execute a lease in whic...
-Sec. 216d. Broker Barred Commissions Where Lessee Failed To Give Satisfactory Security
Plaintiff broker procured a contract for a lease, in which a contractor joined, agreeing to make alterations for a prospective lessee, on his furnishing security, was not entitled to commissions where...
-Sec. 217. Where Lease Was To Highest Bidder, Broker Preventing Bidding Not Entitled To Commissions
A broker does not earn a commission for obtaining a lease of property from the city, where he was not the procuring cause thereof; it was required to be let to the highest bidder, whereas the only ser...
-Sec. 218. In Action For Commissions For Securing A Lease, Defendant Can Show Contract Was Merely Tentative
In an action for commissions for procuring a contract for a lease, defendant might show as against the plaintiff by parol, that the contract was merely provisional, did not express all the terms of th...
-Sec. 219. Finding For Plaintiff As Procuring Cause Of The Lease Excludes Co-Operation
A finding for plaintiff, on the question whether he was the procuring cause in effecting a lease, excludes the idea that any other agency co-operated to bring about that result. Bumfield v. Pottier, e...
-Sec. 220. Broker To Secure Lease For Eight Years, To Earn Commissions Must Secure One For That Time
A broker was employed to obtain a lease for at least eight years of premises in which to conduct a certain business; he obtained a lease on premises owned in part by infants, the youngest of whom woul...
-Sec. 221. Lessor's Rights Under A Receipt Not Affected By Secret Understanding Of Broker With Tenant
Where lessors were induced to execute a lease to a tenant procured by the lessor's broker, on receiving the broker's receipt for his commissions from the tenant, any agreement between the broker and t...
-Sec. 221a. Broker Entitled To Commissions On Furnishing A Satisfactory Tenant
For a broker to be entitled to commissions for procuring a tenant, he must present a satisfactory person, who is ready, able and willing to enter into a lease proposed by the owner, and that the busin...
-Sec. 221b. Lessee Procured By Broker Making Lease With Co-Lessee; Commissions Earned
That lessee procured by a broker executed a lease with other persons as co-lessees, whom the broker did not secure, will not defeat the broker's right to commissions. Stineman v. Gottschalk, 167 P. 55...
-Sec. 221c. Acceptance Of Lease By Owner's Lawyer Entitled Broker To Commission
Where plaintiff engaged by defendant to procure a lease called up the owner, who referred him to a lawyer, from whom defendant procured oral acceptance of terms offered by defendant, commission was ea...
-Sec. 221d. Lease Secured In Violation Of Instructions Did Not Bar Broker's Right To Commission
Where owner of premises employed a broker to negotiate a lease for premises at increased rental, with specific instructions not to approach the present tenant whom he wished to retain, if possible, bu...
-Sec. 221e. Defendants Held Not Entitled To Any Part Of Commission Paid To Other Broker For Lease
In an action between brokers as to right to commissions for procuring a lease, which did not provide for giving of bond by tenant with respect to contemplated demolition of building; that defendants w...
-Sec. 221f. Broker Not Entitled To Commission For Securing Irresponsible Lessee
In an action for broker's commissions on an alleged procurement of a lessee, where it was shown that the proposed lessee was not able to perform, his total assets being insufficient to cover the cash ...
-Chapter V. Loans On Real Estate. Sec. 222. One Employing A Broker To Obtain A Loan, Without Disclosing The Owner Of The Land, Liable For Commissions
One who procures a real estate broker to obtain a loan on land, without disclosing the name of the owner of the land for whom the loan is intended, makes himself liable for the value of the broker's s...
-Sec. 223. Broker To Be Paid Commissions From Proceeds, Not Entitled Thereto Where Loan Is Refused For Bad Title
Under a complaint alleging that plaintiff was employed by defendant to procure a loan on real estate, for which defendant promised to pay a certain sum on performance, plaintiff was not entitled to re...
-Sec. 224. Broker Does Not Earn Commissions Where Lender Refuses To Consummate Loan
A broker employed to procure a loan does not earn his commission by merely securing a lender who offers to make the loan, but who, after acceptance by the borrower, refuses to consummate the transacti...
-Sec. 225. Broker Not Entitled To Compensation For Securing Conditional Loan Defeated By Defect In Title
A broker employed to procure a loan on real estate is not entitled to compensation merely because a lender was found who agreed to make the loan, subject to conditions, title, etc., being found ultim...
-Sec. 225a. Procuring Agreement To Make Loan Insufficient
Procuring an agreement to make a loan is not the same as procuring a loan. Rosenthal v. Gunn, 119 N. Y. S. 165. ...
-Sec. 226. Broker To Recover Compensation For Loan Must Show On Same Terms As To Payment, Interest, Etc
In an action to recover upon an agreement by defendant to pay a specified compensation, when notified of the acceptance of an application for a loan addressed to the plaintiff, who was to undertake to...
-Sec. 226a. Defendant Held Liable To Broker For Commissions For Procuring Loan
Defendant's real property was heavily incumbered with back taxes. Under an act of the Legislature she could by paying them off by a given date, gain a rebate of interest. To accomplish this end, and a...
-Sec. 227. On Question Of Compensation For Loan, Former Agreement As To Value Of Services Ignored
The fact that at one time there had been an agreement between certain persons as to the compensation to be paid for services in procuring a loan is not, where the agreement has been abandoned, entitle...
-Sec. 228. Reasonable Value Of Broker's Services In Procuring Loan May Be Shown By Testimony Of Experts
Where loan brokers are employed to secure a loan, and different propositions as to compensation are made, and no proposal as to compensation applies perfectly, and the parties separate expressing them...
-Sec. 228a. Broker For Loan Required To Supply The Same Within A Reasonable Time After Abstract Furnished
Contract with a broker to pay commission for securing a loan if within ...... days after application for the loan was approved, and customer furnished an abstract, the broker should be ready to comp...
-Sec. 229. Broker Liable For Loss When Loan Made Upon Insufficient Security
A loan broker is liable to the lender on real estate for the loss of a loan negotiated by the broker upon a mortgage which proved insufficient security in consequence of prior incumbrances, where the ...
-Sec. 230. A Loan Broker Is Bound To Make Good Money Lost Through His Negligence
A money lender to whom a sum of money is given to invest is bound to exercise reasonable skill and prudence; by his business he holds himself out as possessing competent skill to determine what reason...
-Sec. 231. Bill For Extra Compensation For Procuring Loan Should Be Separated To See Whether It Is Reasonable
While it may be allowable to pay a broker for extra services, not usually necessary in procuring loans, in addition to the prescribed brokerage, the items composing his bill should be separated so tha...
-Sec. 232. Broker For Seller Obtaining Loan For Buyer From Seller Can Not Recover Commissions Therefor From Buyer
A broker employed by the owner of lands to procure a sale thereof to one who shall agree to take from the owner a loan and improve the property can not, after recovering compensation from the owner of...
-Sec. 232a. Who Acts For Both Parties In Loan Transaction Is Entitled To Commission Agreed By Either To Be Paid
Who, in a loan transaction, acts for both borrower and lender, with their full knowledge and approval, is entitled to any commission agreed by either of them to be paid. Sampson v. Vander-wilt, 173 P....
-Sec. 233. Broker Procuring Loan For Less Than Asked, Which Is Accepted, Earns Commissions
In an action upon an agreement to pay a broker a commission for obtaining a loan, it appeared that a loan for a less amount was obtained, and at first accepted, but subsequently declined by the princi...
-Sec. 234. Broker Entitled To Commissions On Finding Lender Unless Rights Varied By Special Contract
A broker employed to effect a loan is entitled to his commissions, when he has found a lender who has the money and who approves of the security, unless his rights are varied by special contract; ther...
-Sec. 235. Broker Not Reporting Loan Barred Commissions On Applicant Himself Procuring
Where an application for a loan is made to a broker, who secures a party willing to make the loan, but does not so notify the applicant, and after the time within which the broker was to place the loa...
-Sec. 236. In Action By Broker For Commissions For Procuring Loan, Not Necessary To Prove Tender
In an action by brokers to recover commissions for negotiating a loan, which the proposed borrower failed to accept and give security for as agreed, they need not prove a tender of the money, as it is...
-Sec. 237. Admissibility Of Correspondence To Establish Broker's Agency In Making Loan
On an issue as to whether a loan broker was the agent of defendant in negotiating a loan for him, or the agent of plaintiff company which made the loan, correspondence between the broker and the plain...
-Sec. 238. Improper To Submit To Jury Whether Loan Broker Improperly Entered Release Of Judgment
A loan broker was the agent for both parties in the negotiation of a loan, which was to be secured by a trust deed of land incumbered by a judgment; the amount of the loan was sent to him by the lende...
-Sec. 239. Authority To Broker To Provide Mortgage For Loan Confined To Land Designated
A written contract by which defendant agrees to pay plaintiff for securing a loan for him, to mortgage certain property therefor, and to authorize, ratify and confirm every act and thing the said M. ...
-Sec. 240. Where Principal Six Months After Cured Defect In Title, Lender Then Refusing To Loan, Broker Earned Commissions
The fact that the principal cures the defect in his title, does not deprive the broker of his right to commissions, where the principal gave no notice that the defect was cured until six months after ...
-Sec. 240a. When Loan Not Made Broker Must Prove Title Not Good
If the title to property on which a loan was to be made was not good, it should be proved in a suit for procuring a loan thereon which was not made. Rosenthal v. Gunn, 119 N. Y. S. 165. ...
-Sec. 241. Broker Charging More, Nevertheless Entitled To Statutory Commissions For Procuring Loan
Where a broker charges greater commissions for his services than the statute allows, in the absence of an agreement, this does not deprive him of the legal compensation. Vanderpool v. Kearns, 2 E. D. ...
-Sec. 242. Broker Entitled To Commissions For Procuring Loan Though Principal Refuses To Take
A broker is entitled to a commission for procuring a loan at the request of his principal, though the latter refuses to take it when procured. Squires v. King, 15 Colo. 416, 417; Collier v. Wayman, 11...
-Sec. 242a. Broker To Procure Loan Not Entitled To Commissions Unless Loan Made
As a general rule, brokers employed to procure a loan are not entitled to the commission therefor until the loan is made. Hol-liday v. Roxbury Distilling Co., 115 N. Y. S. 383; Slawson & Hobbs v. Raft...
-Sec. 243. Loan Broker To Whom Borrower Paid Commissions His Agent, Though Lender Took Payments From Him
Complainant requested a broker to find some one to whom complainant could loan a sum of money; the broker made a loan of such an amount to defendant, advancing his own money and taking a note and mort...
-Sec. 244. Money Put In Bank, Subject To Check Of Broker For Loans, Did Not Make Him Agent Of Lender
The mere fact that the lender of money deposited in bank a fund which should be subject to the check of the loan broker for the amount of the loan, if the lender, after an examination by himself of th...
-Sec. 245. Owner Reserving Right And Himself Securing Loan, Not Liable To Broker For Commissions
Where a broker is authorized to secure a loan for the owner of real estate, as exclusive agent, for the purpose of taking up a mortgage, the owner impliedly reserves the right to obtain the loan himse...
-Sec. 246. Owner Refusing Loan On One Ground Subsequently Estopped To Set Up Another
Where defendant refused to accept a loan negotiated by a broker, on the ground that the broker's charge for his services was excessive, defendant could not resist payment for such services on the grou...
-Sec. 247. Broker Failing To Secure Loan, Principal Securing From Same Party, Bars Commissions
Where an agent was negotiating to procure a loan of not less than $220,000, but failed to secure anything better than an offer of $210,000; this not being accepted he abandoned the matter; he was not ...
-Sec. 248. Broker To Examine Title And Secure Loan, Barred Commissions On Failure By Defect In Title
A person wishing to borrow money on property applied to another who agreed to find a lender and to have the title examined, and to charge a certain sum, which would include the expense of examining th...
-Sec. 248a. Borrower Seeking Cancellation Of Note And Deed Of Trust To Broker Required To Supply Deficiencies In His Title To Land
In an action to cancel a note and deed of trust given to a broker to procure a loan on farm land, where the application, signed by the plaintiff, the prospective borrower, required him to furnish an a...
-Sec. 249. Loan Defeated Through Wrong Dimensions Known To Broker Bars Commissions
In an action by a broker to recover a commission for procuring a loan, it appeared that the written portion of the application for the loan was filled in by the broker, and he was aware when defendant...
-Sec. 249a. Broker Not Entitled To Commission For Loan Defeated By Misrepresentation By Owner
Where defendants employed plaintiff to procure a loan on the security of certain timber and coal land, and plaintiff found a person who wished to purchase the timber, making an advance of the amount d...
-Sec. 250. Where Loan Prevented By Defective Title, Error To Grant Broker Judgment For Full Compensation
Where an agreement was made to pay plaintiff $800, if he secured a certain loan for defendant on its property, which sum was to cover all fees, lawyers' charges, disbursements, etc., it was error to g...
-Sec. 251. Attorney Given Interest In Land, Instead Of Cash, As
fee for procuring loan. The client having conveyed to the attorney an interest in the estate as compensation for his services, instead of a cash fee, he acquired an equitable lien thereon for ...
-Sec. 252. Verdict For Broker For Procuring Loan Set Aside As Against The Weight Of The Evidence
A verdict for plaintiff will be set aside as against the weight of the evidence, where, on the issue, whether defendant agreed to pay six per cent. interest for the loan, so as to render him liable to...
-Sec. 253. Agreement As To Commissions To Broker For Procuring Loan A Question For The Jury
In an action for commissions for securing a loan, where the evidence for plaintiff, though contradicted by defendant, tends to show an agreement to pay one per cent. on the amount loaned by parties se...
-Sec. 254. Loan To Purchaser On Other Property, Procured By Seller's Broker, Makes Him Agent Of Purchaser Therefor
A corporation appointed a real estate broker as its agent to secure a purchaser for land which the company owned in a city other than that in which it had its principal office; the person thus employe...
-Sec. 255. Broker To Procure Loan, Not Thereby Authorized To Collect Principal Or Interest
The fact that a loan broker negotiates a loan does not authorize him to collect either principal or interest, though the security be payable at his office; nor does the fact that he has authority to c...
-Sec. 255a. Broker To Procure A Loan On Land May Purchase Latter At Mortgage Sale
Where a broker was employed to secure a loan to enable the principal to prevent a mortgage foreclosure sale, but failed to procure the loan, the relation did not prevent a purchase by him, in good fai...
-Sec. 255b. Borrower Entitled To Cancellation Of Note And Mortgage Where Lender Paid Broker, Who Converted The Money To His Own Use
Where a lender negligently paid the draft of a broker employed to procure a loan, the proceeds of which were converted to the broker's own use, the borrower was entitled to a cancellation of his note ...
-Sec. 256. Circumstances Held To Show Broker The Agent Of Lender, And Not Of Borrower
Where a principal loans money to a large number of borrowers, through an agent, and the latter by agreement takes all loans payable to himself and indorses the notes to the lender, and draws sight dr...
-Sec. 256a. Where Casual Connection Of Broker With Sale Entitled Him To Agreed Commission
If the services of a broker had a casual connection to a sale and purchase of land after direct negotiations between the parties, he is not debarred from recovering an agreed commission because the ne...
-Sec. 257. Securities Made Payable At Office Of Loan Company Do Not Make It Agent To Collect
That a purchaser of negotiable mortgage securities, which are made payable at the office of the loan company negotiating them, knows that the loan company solicits payment of them regularly as they fa...
-Sec. 257a. Failure Of Borrower To Raise Additional Money To Get Loan Barred Broker Of Commission
Where prospective lender offered to make loan for erection of building if borrower would raise an additional amount. Her inability to do this; held, not to entitle a broker to a commission for procuri...
-Sec. 257b. First Of Several Brokers Who Secured Accepted Loan Entitled To The Commission
Where a person employs several brokers to negotiate a loan, the employer, provided he remains neutral toward the several brokers, is liable only for a commission to the one who first negotiates the lo...
-Chapter VI. Sec. 258. Purchaser Bound By Agent's Knowledge And Can No Dispute Mortgagee's Right To Reform Mortgage
258-275. Mortgages. 276-281. Bonds. ing contract - Builder's loan. 283-289a. Liens. A broker who is employed by an owner of land to find a purchaser therefor and is paid a commission for his ...
-Sec. 259. Broker Selling Under Power In A Mortgage Commits No Breach In Not Notifying Mortgagor Of Proposed Sale
A mortgage note was given by the mortgagee to a real estate broker for collection, and the mortgagor also placed the land in his hands for private sale; a private sale which the broker attempted to ma...
-Sec. 259a. Act Constituting Breach Of Agency Contract
Where a party under a contract is to secure for a second party options on certain properties, and the second party directs him not to proceed with reference to securing options on one of the propertie...
-Sec. 259b. Landowner's Refusal To Fix Date Of Public Sale Of Land Not A Breach Of Broker's Contract
A landowner's refusal to name the day for a public sale of land which a broker had contracted to develop and sell at public or private sale within a year; held, not to constitute a breach of the broke...
-Sec. 260. Broker Liable For Loss Through Failing To Record Mortgage
To an action against a broker employed to sell a dairy for damages sustained by the plaintiff through the broker's failure to record, in accordance with his undertaking, a mortgage taken by him from a...
-Sec. 261. Broker Liable For Loss From Unpaid Mortgage, Where He Undertook To Examine The Title
In an action against a real estate agent for failure to examine the title of land purchased by him for plaintiff, a complaint alleging that the grantor had mortgaged the land conveyed and other land, ...
-Sec. 262. Broker Not Entitled To Charge Expenses Of Foreclosing Mortgage To Principal
A real estate broker made loans in his principal's name, and to secure his commissions took second mortgages in his own name, and at sales thereunder bid in the property, and thereafter, without the k...
-Sec. 263. Power To Sell Does Not Include Power To Mortgage
A power to sell land does not include power to mortgage. Stronghill v. Anstey, 1 De Gex, M. & G. (Eng.) 635; Payn v. Cooper, 16 Beavan (Eng.), 396; Halderby v. Spofford, 1 Beavan (Eng.), 390; Jeffray ...
-Sec. 264. Agent To Invest Money Confined To First Mortgages
An agent employed to invest money on mortgage security, can not invest in a second mortgage, without the express consent of his principal, and if he does will be liable for negligence. Whitney v. Mart...
-Sec. 265. Broker Making Loan, Knowing Of Prior Mortgage, Principal's Subordinated Thereto
Where an agent makes a loan on mortgage, with knowledge of the fact that a prior unrecorded mortgage on the same property exists, taken by him as agent for another person, his principal in the second...
-Sec. 266. Power To Purchase Gives None To Secure Purchase Money By Mortgage
An agent employed to purchase property with particular funds has no authority to mortgage the property to secure the purchase money, and such mortgage will not bind the property. Fraser v. McPherson, ...
-Sec. 267. Whether Agent Taking Mortgage With Wrong Description Was Guilty Of Negligence, A Question For The Jury
In an action by a principal against an agent for negligence in procuring a mortgage to be executed in her favor, in which the land was wrongly described. Held, that it should be left to the jury to sa...
-Sec. 268. Mortgage Taken By Lender, Bound By Fraud Of Agent
and instrument set aside. A guardian, by fraudulent proceedings in court, obtained an order and sold property inherited by his ward, and his vendee, who participated in the fraud, afterwards mortgaged...
-Sec. 269. Payment On Mortgage By Purchaser To Seller's Agent, Did Not Bind Mortgagee
Complainant purchased through a real estate agent property subject to a mortgage; subsequently respondent took an assignment of the mortgage which he failed to record; thereafter complainant made paym...
-Sec. 270. Broker Liable For Negligence In Failing To Learn Liability Under A Mortgage
A real estate broker contracted for his principal to purchase land for a certain amount and assume the incumbrance as part of the consideration; the record of the mortgage on the land, while showing t...
-Sec. 270a. Broker Held Liable Only For Failure To Collect For Purchaser Interest Due As Shown By The Record
A broker contracted for his principal to purchase land for a certain amount. There was a mortgage upon the land to secure several notes. The record definitely stated the rate of interest borne by the ...
-Sec. 271. Broker Liable For Negligence For Loss In Taking Mortgage On Other And Not On Land Sold
A mortgage for $1,200 taken by real estate brokers as security for the price of property sold by them, was on property valued at $2,300, on which there was a first mortgage for $1,800, no security was...
-Sec. 271a. Broker Liable In Damages For Assuring Responsibility Of Irresponsible Lessee
Where plaintiff relied on defendant agent's assurance that the purchaser of the plaintiff's leasehold interest would pay a bonus, so that the tenant would be safe in moving out, the liability of defen...
-Sec. 272. Broker Securing Conditional Sale Of Mortgage, Not Consummated, Did Not Earn Commissions
Where a broker employed to sell the note and mortgage given by a cemetery association for money used to purchase real estate described in the mortgage, obtained a purchaser on condition that the latte...
-Sec. 273. Fraud Of Agent In Appropriating Money Received To Pay Off Mortgages
Defendant applied to a real estate agent for a mortgage loan; three unsatisfied mortgages were to be paid with the proceeds of the loan; plaintiff agreed with the agent to make the loan, and gave the ...
-Sec. 274. Failure Of Purchaser To Execute Mortgage Defeated Broker's Right To Commissions
A contract for the purchase of real estate provided that the same should be void, at the will of the vendor, if default should be made by the vendee in completing the purchase by making the due cash p...
-Sec. 274a. Sale Of Land By Mortgagee Not Withdrawal Con. Templated In Contract With Broker
Where owner of land agreed with a broker to pay withdrawal fee if he withdrew the land from the broker's hands before a purchaser was procured; held, that a sale of the land by the mortgagee for breac...
-Sec. 274b. When Mortgage Given, Owner Entitled To Know Who Purchaser Was
Where the terms negotiated by the broker called for the giving of a mortgage for one-half of the price, the employer was entitled to know who the purchaser was. Coppage v. Howard, 96 A. 642, 127 Md. 5...
-Sec. 275. In Computing Commissions Mortgage Treated As Part Of Purchase Price
Defendant was the owner of certain land on which there was a mortgage, for the payment of which he was not personally bound, and he gave plaintiff the exclusive sale of the land for sixty days, and on...
-Sec. 275a. When Mortgage Should Not Be Added To Increase Broker's Commission
Where property is listed with real estate broker for sale for a stated amount, which included an existing mortgage, the commission, unless for some special reason to the contrary, should be based on a...
-Sec. 276. Declaring Bonds Illegal Deprived Brokers Of Commissions For Negotiating Sale
Plaintiff entered into an agreement with defendant who had agreed to take certain county bonds at par in payment of any county work which he had contracted to do, to sell the bonds, his commissions to...
-Sec. 277. Broker Selling Bonds Entitled To Commissions On Procuring Party Ready To Buy On Terms Specified
A broker employed to sell bonds is entitled to compensation upon producing a party ready, willing and able to buy on the terms specified by the vendor, although the sale is not consummated, where the ...
-Sec. 277a. Broker Who Ceased Efforts Not Entitled To Com-, Mission On Bonds Sold By Another
Broker not entitled to commission for the sale of bonds, who ceased his efforts and transaction was closed by another. Ely v. Wilde, 122 P. 1122, 62 Or. 111. ...
-Sec. 277b. Broker Not Entitled To Commission On Bonds Sold To His Customer After His Agency Ended
Broker not entitled to commissions for sale of bonds, after his authority terminated, by the owner to purchaser procured by broker. Butterfield v. Consolidated Fuel Co., 132 P. 559, 42 Utah, 499; Brow...
-Sec. 278. Broker Not Entitled To Compensation For Sale Of Bonds Where Purchaser Withdrew Conditional Acceptance
Above case afterwards reversed, on the ground that the broker who was promised a commission to be paid on completion of the sale, was not entitled thereto where the purchaser whom he furnished withdre...
-Sec. 279. Broker Transferring Bonds By Delivery, Without Disclosing Principal, Liable In Case They Are Null And Void
If a broker or other agent transfer bonds by delivery, without disclosing who is his principal, he is, himself, to be regarded as the principal, and is responsible to refund the money paid, if the bon...
-Sec. 280. Broker Selling Bonds In Good Faith Not Liable To Trust Estate Because Illegally Sold
Bonds belonging to a trust estate were presented to certain brokers at a time when they were registered in the name of S, executor; some days later, when left with them for sale, they had been dischar...
-Sec. 281. Authority To A Village To Issue Bonds, Includes Authority To Employ Broker To Dispose Of Them
Express authority of a village to borrow money and issue bonds therefor, includes implied authority to employ a person to procure a purchaser for the bonds, whether he be a broker or not. Armstrong v....
-Sec. 282. Building Materials, Building Contract, Builder's Loan
In an action against a real estate agent to compel him to convey property which it was alleged he had been employed to purchase for his principal, and the title to which was taken in the agent's name ...
-Sec. 282a. Broker Entitled Only To Advances Where Sale Was Made By Owner's Manager
Where plaintiff was to receive commissions for the sale of defendant's property, and an advancement of $20 per week, to be credited on any commissions that he might earn, the only compensation to whic...
-Sec. 283. Broker Has A Lien On Securities In His Hands For His Commissions
A broker is entitled to a lien for his commissions on a note and mortgage or on the proceeds thereof left in his possession to negotiate a sale thereof. Peterson v. Hall, 61 Minn. 268, 63 N. W. 733; C...
-Sec. 283a. Broker Required To Surrender Collateral To Secure Commissions On Revocation Of Authority
Where plaintiff had revoked agreement to pay defendant commissions for sale of property of a corporation controlled by him, after revoking agreement by the corporation to pay such commission; held, no...
-Sec. 284. A Loan Broker Has A Lien For His Fees On Funds Coming Into His Hands
A broker employed to obtain a loan of money upon a commission has a lien for his fees and may retain them. Vinton v. Baldwin, 95 Ind. 433. See also Secs. 285, 288. ...
-Sec. 284a. Broker Denied Right To Assert Lien For Commission On Exchange Rescinded For Fraud
If broker who acted as agent for both parties to a real estate exchange transaction was a party to, or had notice of the fraud that induced the consummation of the transaction, he is in no position to...
-Sec. 285. In The Absence Of A Contract A Broker Has No Lien On Funds Or Securities Of His Principal
A real estate broker has no lien for services on a certificate of deposit belonging to the principal. Robinson v. Stewart, 97 Mich. 454, 56 N. W. 853; Arthur v. Sylvester, 105 Pa. St. 233; Jones' Appe...
-Sec. 286. Where Broker Has A Lien It Exists Only So Long As He Holds The Property
The equitable lien of a broker exists only so long as he has possession of the land or title papers, and his debt remains unbarred by the statute of limitations. Byers v. Dan-ley, 27 Ark. 77. ...
-Sec. 287. The Lien Of A Broker For Commissions Is Confined To The Specific Securities Affected
A real estate broker, who is not an attorney-at-law, can not claim a general lien on all securities in his possession for expenses incurred in managing some of such securities, but the lien is confine...
-Sec. 288. A Broker Procuring A Loan For A Trust Estate Has No Lien Thereon
In the absence of a specific agreement a broker who procures a loan for the benefit of a trust estate has no lien on such estate for his commissions, his remedy being against the trustee personally. J...
-Sec. 288a. Instruction That If Broker Changed Contract Believing Defendant Would See Before Signing, Not Prejudicial To Plaintiff
In an action for a broker's commissions, an instruction that if the broker caused a change to be made in the contract, believing the defendant would see the change when the contract was delivered to h...
-Sec. 289. Where A Broker Took The Excess For Commissions The Expenses Of Releasing A Lien Fell On The Principal
A real estate agent employed to sell land was to have all obtained over a certain price. Held, that the expense of getting rid of an existing lien on the lands must be borne by the principal, not by t...
-Sec. 289a. Commissions Assumed By Vendee Not A Lien On Property
Where a commission for the sale of real estate due from the vendor to the agent was assumed by the vendee at the time of purchase without an agreement to that effect, the debt does not become a lien o...
-Sec. 289b. Lien Of Broker For Commission On Purchaser's Interest Not Enforcible On Breach By Latter
While an agreement between the purchaser and the vendor that broker's commission should be paid by vendee as part of purchase price, upon first payment, and giving of a mortgage would not prevent the...
-Sec. 289c. What Plaintiff Must Show To Enforce Lien For Commissions On Sale Of Land
In order to enforce a lien for broker's commission on a sale of certain land, where the notes have come into the hands of a third person, plaintiff must show that he has an equitable lien thereon; a m...
-Part III. Rights, Duties And Liabilities Of Principal And Agent. Chapter I
290. Duty or obligation of an agent to his employer or others. 291. Concealment and its effect upon rights. 292. Abandonment of employment, and of contract by purchaser. 293. Alterations made in ...
-Sec. 290. Duty Or Obligation Of An Agent To His Employer And Others
A breach of duty to his principal deprives a broker of his right to commissions. Wilkinson v. McCullough, 196 Pa. St. 205, 79 Am. St. R. 702, 46 A. 357; Alford v. Creagh, 62 S. 254, 7 Ala. App. 358; S...
-Duty Or Obligation Of An Agent To His Employer And Others. Part 2
The obligation is reciprocal, and the owner, in revoking a contract with his broker, must act in good faith. Bailey v. Smith, 103 Ala. 641, 15 So. 900; Branch v. Moore, 84 Ark. 462, 105 S. W. 178; Uph...
-Duty Or Obligation Of An Agent To His Employer. Part 3
If a real estate owner places property in the hands of a broker for sale at a fixed price, and the broker sells it for more to one for whom he is acting as agent for the investment of money, and secre...
-Duty Or Obligation Of An Agent To His Employer. Part 4
Failure of the broker to disclose to the vendor that the purchaser was acting as agent for an undisclosed principal does not affect the broker's right to commission, the purchaser being financially ab...
-Sec. 291. Concealment And Its Effect Upon Rights
Where defendants, who were employed by plaintiff to find a purchaser for a lot, after finding a purchaser and receiving part of the price, knew before the deed was delivered that the purchaser had sol...
-Sec. 291. Concealment And Its Effect Upon Rights. Part 2
Where a broker reports an offer for property to his principal, without stating by whom the offer is made, and afterwards a sale of the same property is effected through another broker at the same pric...
-Sec. 291. Concealment And Its Effect Upon Rights. Part 3
Defendant employed plaintiff to sell certain coal lands for $250,000, agreeing to pay $10,000 commissions in case a sale was effected within six months from August 19, 1904, and that if, during such t...
-Sec. 292. Abandonment Of Employment And Of Contract By Purchaser
Where a real estate agent fails to sell the property and directs a prospective purchaser to trade with the owner, who sells the property, relying on the broker's abandonment of the employment, the bro...
-Sec. 293. Alterations Made In Written Instruments
Where, after a contract of sale was signed by the vendor, the purchaser made material alterations and then signed it, and the vendor refused to re-execute, there was no meeting of minds and the broker...
-Sec. 294. Adverse Interests
An agent in charge of real estate can not acquire a tax-title adverse to his principal, who has failed to furnish him with means to pay the taxes, and the burden is on the agent to show that his agenc...
-Sec. 295. Betrayal Of Trust
If a real estate agent authorized to sell land at a given price, three years after, when the value has greatly advanced, and is rapidly rising, sells the same at the price named, and at a great sacrif...
-Sec. 295a. Discharging Trust By Returning Earnest Money
It is not a breach of trust for a broker to return earnest money to procured purchaser, when sale is not consummated for failure of owner to make a good title. Badeaux v. Rohrer, 182 I11. App. 114. ...
-Sec. 296. Collusion
In an action for a broker's services, an answer alleging that the proposed purchaser was plaintiff's uncle, and that they entered into collusion, whereby the uncle was to pretend to defendant that he ...
-Chapter II. Sec. 297. Deposits
A real estate broker employed to find a purchaser of land at a designated price, under an agreement whereby the owner is to furnish a perfect abstract of title on a deposit of ten per cent. of the pri...
-Sec. 298. Deceit
Where plaintiff purchased property from defendant, a broker, for $7,000, upon his representation that the owner would not sell it for less than that price, when the fact was that the owner had consent...
-Sec. 299. Action For Damages
Where a broker is employed to purchase or to make a sale of lands and the principal refuses to accept or to part with the property, as the case may be, or otherwise breaks the contract of employment, ...
-Sec. 300. Measure Of Damages
A real estate agent who undertakes to sell the realty of his principal without legal authority to bind such principal, does not render him responsible for any defect in the title of the principal. In ...
-Sec. 300. Measure Of Damages. Continued
Where a broker employed by the owners of land to effect a sale thereof, pretending to act for the principal, made a contract to sell the land to plaintiff's assignor, which was not binding on the owne...
-Sec. 301. Clerks
A contract whereby for a consideration moving from a third person, a clerk agrees to induce his employer to accept a lower price for property about to be sold than was first asked, can not be enforced...
-Sec. 302. Conduct Of Broker
In an action to recover commissions for finding a purchaser it appeared that the contract provided that the terms of payment should be $10,000 within five days, $5,000 additional on promises, etc., th...
-Sec. 302a. Conduct Of Owner
Act of Coal Co. in quoting price to another whereby a sale was made direct, instead of through brokers to whom the exclusive right to sell was given; held, a breach of the contract, and not a mere rev...
-Chapter III. Sec. 303. Debt Of Another
Plaintiff, as broker, sold property of S. to ft, and defendant was employed to draw a contract of sale, but on finding that S. had failed, defendant postponed drawing the contract, and later, though w...
-Sec. 303a. When County Not Chargeable With A Debt
A claim for commissions under a contract by which a county lists lands with a broker for sale for a commission; held, not a debt within the Con., Art. 2, Sec. 7, forbidding the creation of a debt unle...
-Sec. 304. Discretion
A power to sell the one-half of a lot of land, without specifying which, or whether an undivided one-half, empowers the attorney to sell one-half in severalty, and to exercise his own discretion as ...
-Sec. 305. Double Liability
Where a purchaser is produced and a sale consummated by one of two brokers who have the property for sale, and a commission paid him by the owner, the fact that the other broker has, by advertising, f...
-Sec. 306. Double Capacity
The law will not permit a man to act in the double capacity of principal and agent. Dwight v. Blackmar, 2 Mich. 330. Where the owner of land agreed to sell it to real estate brokers, who at first stat...
-Sec. 307. Contract In Excess Of Authority Vested In Agent
Where defendant authorized his agent to sell his farm for a certain sum, the first payment to be made on February 1st, a contract requiring the first payment to be made on March 1st, and obligating de...
-Sec. 307a. Contract Of Broker Varying From Instructions Will Not Be Enforced
Where a broker to sell has power to sign a contract, if the contract signed by him varies from his instructions, the principal will not be bound by it, and it will not be specifically enforced against...
-Sec. 307b. An Agent Who Makes A Contract Either Without Authority Or In Excess Of Authority Given, Binds Himself
An agent who makes a contract either without authority or or in excess of authority, binds himself. Moore v. Wilson, 26 Foster (N. H.) 332; Meech v. Smith, 7 Wend. (N. Y.) 315; Roberts v. Button, 14 V...
-Sec. 307c. Broker Not Entitled To Commissions Where Lots Were Sold Out Of The Order Provided For
Persons employed to sell certain lots of land at prices named in a written contract of employment, the lots to be sold only in the order enumerated in the contract, were not entitled to commissions fo...
-Sec. 308. Exoneration
A broker, through negligence, loaned on second mortgage some money which, for compensation, he had undertaken to loan on first mortgage security, but before the loan became due the lender, with other ...
-Sec. 309. Expenses
A real estate agent who is merely promised a commission for making a sale, is not also entitled to recover for expenses incurred in procuring a purchaser. Reynolds-McGuinness Co. v. Green, 78 Vt. 28, ...
-Sec. 310. Employment Of Engineer
It is not within the scope of the authority of persons employed to collect the rents of a building to employ an engineer to take charge of the engine therein; a general agent having charge of this mat...
-Sec. 311. Fiduciary Relations
One who undertakes to collect rents and exercise control over property occupies a fiduciary relation which forbids placing himself in antagonism to his principal with respect to such property. Grumley...
-Sec. 312. Failure Of Broker To Report Offer
Where a broker who received a proposition to sell defendant's land did not accept it until after the expiration of the time designated in the offer for its acceptance, he is not entitled to commission...
-Sec. 313. False Representations
Where defendant authorized plaintiff to sell real estate, agreeing to pay a commission, and in a printed form above the authorization set out particulars of the property, the selling price as $52,000 ...
-Chapter IV. Sec. 314. Fraud Of Broker Against His Principal
If a broker is guilty of fraud in executing his agency his right to commissions is forfeited. Jeffries v. Bobbins, 66 Kan. 427, 71 P. 852; Kurinsky v. Lynch (Mass. Sup. '09), 87 N. E. 70; Krhut v. Pha...
-Sec. 314. Fraud Of Broker Against His Principal. Part 2
The owner of city lots employed two persons, associated together as real estate agents, to sell them, and fixed the price at $14,000; a purchaser was secured by the agents at $16,000, to whom a deed w...
-Sec. 314. Fraud Of Broker Against His Principal. Part 3
Plaintiff authorized defendants to sell his land for a cash payment and notes, and on their representation that they had found a purchaser, and the cash payment and notes were ready to be delivered to...
-Sec. 314. Fraud Of Broker Against His Principal. Part 4
Where a land-owner sued his brokers, who had effected a sale, to recover a portion of the purchase money which had been retained by them, on the ground that the contract was not binding on him, becaus...
-Sec. 315. Fraud Of Broker Against Third Persons
If in negotiating a contract in behalf of the principal the broker is guilty of fraud as to the other contracting party, he is liable to him therefor in damages. Kice v. Porter, 21 Ky. L. E. 871, 53 S...
-Sec. 316. Fraud Of Sub-Agent
Plaintiff, who had contracted with a real estate agent to cooperate with him in selling to a third person certain property, with knowledge that such person was willing to purchase at a certain sum, in...
-Sec. 317. Fraud Of Principal Against Broker
Defendant employed plaintiff to sell his farm and some personal property, on an understanding that the plaintiff should receive a certain commission if he could procure a purchaser for $18,000, otherw...
-Sec. 318. Fraud Of Third Persons Against Broker
Where a vendee fraudulently conceals the fact that she purchased through a broker employed by the vendor, and represents that a third person was the procuring cause of the sale, whereby the vendor is ...
-Sec. 319. Fraud Of Principals Inter Se
Where two persons owning real estate intrust one with the sale thereof, who has it conveyed to a third person for a price agreed upon, the money being paid by the joint owner with a view to acquiring ...
-Sec. 320. Debatable Acts Of Broker Held Not To Constitute Fraud
A broker employed to find a buyer is not necessarily guilty of fraud because he seeks to induce his principal to reduce the price, even though he might know he could obtain the price asked. Gorman v. ...
-Sec. 321. Points Of Practice In Actions For Fraud
The vendee's right to rescind because the vendor gave a secret commission to the vendee's agent is not affected by the fact that a part of the commission paid by the vendor to the vendee's agent was f...
-Chapter V. Sec. 322. When A Broker Is And When Not Liable For Interest
A real estate broker receiving money and not applying it to the purposes specified in the agreement under which he acted, within a reasonable time, is chargeable with interest. Harrison v. Long, 4 Des...
-Sec. 323. Broker Obtaining Interest Hostile To Principal
Where a broker who procured a sale of bonds, secretly obtained an interest hostile to his principal, he was entitled to recover the commission paid him. Guidetti v. Tuoti, 102 N. Y. S. 499, 52 Misc. 6...
-Sec. 324. Improvement Of Property Beyond Authority Of Agent
Unless specially authorized, a real estate agent has no right to contract for the improvement of property. Riverview Land Co. v. Dance, 98 Va. 239, 35 S. E. 720. See reference under Sec. 307. ...
-Sec. 325. Agent Neglecting To Place Insurance, Followed By Loss, Liable
An agent whose duty it is to insure the property of his principal, and who neglects to do so, is liable to the latter for any loss of property occasioned by the peril that he should have insured again...
-Sec. 326. Illegal Purposes
An agent of the owner of property is not presumed to have any authority to lease the premises for an illegal purpose. Stover v. Flower, 120 Iowa, 514, 94 N. W. 1100 ...
-Sec. 327. Illegal Contract
Where the contract negotiated is illegal, the broker can not recover for his services, though his principal has received the money arising from it. Belding v. Pitkin, 2 Caines (N. Y.), 147; Skirvin v...
-Sec. 328. Implied Powers
(a) A non-resident owner employing a non-resident agent to sell, impliedly authorizes the latter to employ a broker to effect a sale. Eastland v. Maney, 36 Tex. Civ. App. 147, 81 S. W. 574. (b) If th...
-Sec. 329. Joint Owner Condoning Fraud Liable For Benefits Received
A joint owner of real estate who consents to a listing there of by his co-owner with real estate agents for sale, receives part of the consideration, and does not repudiate the sale made by the agents...
-Sec. 329a. Purchaser Of Land Joining Therein With Seller's Agent Liable To Account For Profits Made
One who purchases land in behalf of himself and seller's agents, with knowledge that the agents were concealing their interest from the seller; held, liable to account for the profits to him. Fred Bro...
-Sec. 330. An Agent To Sell Has No Authority To Grant A License
to cut timber. An agent has no authority to license one to cut timber by virtue of his authority to bargain and sell land. Hubbard v. Elmer, 7 Wend. (N. Y.) 446. See references under Sec. 307. ...
-Sec. 331. What A Principal Must Do To Escape Liability To The Broker For Commissions
A principal who obtains knowledge from his broker that an intending purchaser procured by the broker is the person of whom he had learned from another source as a possible purchaser, owes to the broke...
-Sec. 332. A Power Of Attorney Confirming All Sales And Leases Confers Power To Sell
A power of attorney confirming all sales, leases and contracts of every description, confers a power to sell land. Sullivan v. Davis, 4 Cal. 291. ...
-Sec. 333. Power To Sell Any Of Constituent's Land Authorizes The Sale Of That Acquired Afterwards
A power to sell any of the constituent's real estate, authorizes the attorney to sell real estate which the constituent acquires after the execution of such power. Fay v. Winchester, 4 Metc. (Mass.) 5...
-Sec. 334. Power To Sell Land Not Previously Conveyed, Authorizes Sale Of Tract Not Conveyed
Under a power to sell all the land of the principal which the latter has not previously conveyed, the attorney is authorized to sell land that his principal had sold but not conveyed. Mitchell v. Maup...
-Sec. 335. Power To Sell Land, Gave Authority To Sell On Credit, To Receive Payments, Etc
Where a power of attorney authorized an agent to sell certain lands, or any part or parcel thereof, for such sum or price, or on such terms, as to him shall seem meet, and for me and in my name to m...
-Sec. 336. Power To Sell Land For Settlement, Not Violated If Shown To Have Been Bought On Speculation
A power of attorney to sell certain lands for the purpose of making actual settlement thereof, to sign, seal and deliver sufficient deeds, etc., leaves it to the judgment of the attorney to determin...
-Sec. 337. Power To Sell Land Does Not Include Power To Lease Or Exchange It
A power to sell land does not include power to lease or exchange it. Trudo v. Anderson, 10 Mich. 357; Lampkin v. Wilson, 5 Heisk. (Tenn.) 555; Reese v. Medlock, 27 Texas, 120. See references under Sec...
-Sec. 337a. Authority Of Agent Construed To Authorize Contracting To Sell, But Not To Convey The Real Estate
A having possession of certain property of B, under a power of attorney to sell the same and execute the proper instruments of transfer, afterward gave the charge of the same, with deeds and papers in...
-Sec. 337b. Power To Sell Does Not Include Power To Give An Option
A written power to sell land does not include power to give an option, unless so expressed. Tibbs v. Zirkle, 55 W. Va. 49, 46 S. E. 701, 104 Am. St. E. 977; Swift v. Erwin, 148 S. W. 267, 104 Ark. 459...
-Sec. 337c. Broker To Procure Loan Without Authority To Transfer Principal's Note And Mortgage
Application to a mortgage company for a loan, stating that the broker was the agent of the applicant to procure a loan either from the company or from any other person upon the same terms, even if cre...
-Sec. 338. Agent Buying Principal's Share Of Land Warrants For Less Than, Liable For Full Value
Where an agent received land warrants to locate on shares and to sell the land, and bought up his principal's share of the land for less than its value, without informing him of the price for which a ...
-Sec. 339. Authority To Locate And Survey Land Confers No Power To Sell
An authority to locate and survey land confers no power to sell. Moore v. Lockett, 2 Bibb. (Ky.) 67. See references under Sec. 307. ...
-Sec. 340. Authority To Sell In Lots, Conferred None To Sell Otherwise
Where an owner of land, a part of which was surveyed in lots, gave his agent a power of attorney to convey the same in lots as surveyed by B, a conveyance by the agent to G of a portion of the land...
-Sec. 341. Broker Not Liable For Mutual Mistake That He Had Authority To Make A Contract Of Sale
A real estate broker who represents that he has authority to sell certain land is not liable to a customer for the consequences of their mutual mistake of law in thinking that such authority carried w...
-Sec. 341a. Broker Entitled To Commission For Land Erroneously Sold By Him Through Mistake Of Owner
The owner of two parcels of land listed them for sale with a real estate broker. After some months the broker wrote the owner, referring to one tract, while the owner had, in fact, sold this tract som...
-Sec. 341b. Broker Not Liable For Acts In Representative Capacity To Third Parties
A broker having contracted to obtain from his principal $150, as consideration for plaintiffs release of possession of land sold, the broker acted in a representative capacity only, and was not person...
-Sec. 342. Agent To Sell Land Has No Right To Receive Anything But Money In Payment For Principal
An agent for the sale of land has no right to accept anything but money for his principal. Bevis v. Heflin, 63 Ind. 129; Mann V. Robinson, 19 W. Va. 49. See reference under Sec. 307. ...
-Sec. 343. Broker Has No Right To Receive Mexican Money For Earnest Money
A real estate agent who is authorized to accept a certain sum as earnest money is not thereby given power to accept Mexican money. Edwards v. Davidson (Tex. Civ. App. '04), 79 S. W. 48. See references...
-Sec. 344. Broker Given Minimum Price, All Over To Be His Compensation For Selling, Need Not Tell Principal What Land Sold For
The owner of land agreed to pay a broker all that he might obtain for the land above a minimum price per acre as compensation, and a fixed sum in addition; the broker sold the land, but refused to sta...
-Sec. 345. Agent Knowing Of Defect In Principal's Title Can Not Himself Acquire Title
If an agent discovers a defect in the title of his principal to land he can not misuse it to acquire title for himself, and, if he does, will be held as a trustee of the title for his principal. Bingo...
-Sec. 346. Broker Guilty Of Negligence To Injury Of Principal, Barred Commissions
Although the broker finds a purchaser who is willing to buy on the terms imposed by the principal, yet he is not entitled to a commission if the trade fails through his negligence, and by the insertio...
-Sec. 347. Owners Liable For Negligence To Prospective Tenants Injured While Examining Building
Where the owner of a building employs brokers to obtain tenants and authorizes the broker to conduct their customers into the building, he is liable for injuries sustained by a customer while examinin...
-Sec. 347a. Principal, When Liable For Negligent Or Tortious Acts Of Insane Agent
One who knowingly employs an insane agent should be held liable for negligent or tortious acts committed by such agent within the scope of his employment. Christian v. Columbus, etc. B. Co., 79 Ga. 46...
-Sec. 348. When Brokerage Contract Signed Without Reading Will Not Be Set Aside For Fraud
One who negligently signs a brokerage contract without reading it, relying on statements of the brokers as to its contents, is not entitled to have it set aside for fraud, when the signer had no right...
-Sec. 349. A Broker Whose Principal Suffers Loss Through His Negligence Is Liable To Him Therefor
A money lender to whom a sum of money is given to invest is bound to exercise reasonable skill and prudence; by his business he holds himself out as possessing competent skill to determine what reason...
-Sec. 350. Broker Departing From His Instructions Liable For Loss Arising Therefrom
A broker who has instructions to buy for his principal mortgages, or other first-class discount paper, who violates them and invests the money on his own judgment, is responsible for the consequent lo...
-Sec. 351. Brokers Not Liable For Loss On Forged Note, Where They Acted In Good Faith And Disclosed Their Principal
Note brokers are not personally liable for a loss on a forged note sold by them, when they advised the vendee at the sale that they were acting as agents and disclosed their principal. Bailey v. Galor...
-Sec. 352. Broker Taking A Note, Payable At His Office, Not Thereby Authorized To Collect
A broker who negotiates a loan and receives his commission from the borrower, taking a note payable at his office to the lender, is not authorized to receive payments on such note. Englert v. White, 9...
-Sec. 353. Where Broker Has Note Payable At His Office The Maker Is Warranted In Paying Him
Where a note is payable at the office of a broker, it is the duty of the maker, in the absence of directions from the holder to the contrary, to tender payment there, and finding the note in the broke...
-Sec. 354. Agent To Receive Principal And Interest Not Authorized To Receive Payment Before Due
An agent merely to receive the interest and principal of a note is not authorized to take the payment of the principal prior to the same becoming due. Williams v. Pelley, 96 I11. App. 346. See referen...
-Sec. 355. Agent To Collect The Interest Not Authorized To Collect The Principal
In a suit to cancel a deed of trust on the ground of payment to the lender's broker, the fact that the broker negotiated the loan and collected interest on the loan is insufficient to make the broker ...
-Sec. 356. Agent Who Transacted All The Business Of The Principal Held Agent To Collect Payment Of Note
Where an agent transacted all the business with reference to the collection of the principal and interest of debts secured by note and mortgage, and acted as the agent of the investor in the care and ...
-Sec. 357. Debtor, Before Payment, Should See That Agent Has The Security
If a debtor owing money on a written security, pays or settles with another as agent, it is his duty, at his peril, to see that the person thus paid or settled with is in possession of the security. C...
-Sec. 358. Unless Broker Proves He Could Have Made A Sale On Revocation Entitled To Recover Only Nominal Damages
In an action for damages for revocation of authority to sell land, nothing more than nominal damages can be recovered where the agent fails to show that he could have made a sale on the principal's te...
-Sec. 359. Notice To Agent To Bind The Principal Must Be Given While Acting For The Principal
Notice to an agent to bind the principal must be given to the agent while engaged in the business and negotiations of the principal, or when it would be a breach of trust in the agent not to communica...
-Sec. 360. Broker, On Finding Customer To Buy, To Be Entitled To Commissions Must Give Principal Notice
Although the broker finds a customer before the principal sells the property, he is not entitled to a commission if he delays to notify the owner until after a sale is made by the latter. Bears v. Hyl...
-Sec. 361. Notice Waived Where Principal Instructs Broker To Send Prospective Buyers To Him
Where a real estate agent is instructed by the principal to send persons inquiring about the property to the latter, the agent is not required to notify the principal of the fact that he has sent pers...
-Sec. 362. Principal Can Not Reject Offer Through Broker, And Then Sell And Escape Liability For Commissions
Where a real estate agent employed to sell lands introduces the owner to a purchaser and negotiations are commenced through such introduction, the agent is entitled to his commissions though a sale is...
-Sec. 362a. Oral Agreement To Act As Sales Manager Upheld
An oral agreement employing plaintiff to act as defendant's sales manager, receiving 5% on all sales made by defendant's sales force or by plaintiff; held, not void because not in writing, under L. 0....
-Sec. 363. Agent Authorized To Make A Written Can Not Make An Oral Contract
An agent must closely follow the instructions of his principal; therefore, an agent authorized to enter into a written contract for the sale of land, can not enter into a verbal agreement for its sa...
-Sec. 363a. Broker Not Entitled To Commissions On Contract Not In Conformity With Authorization
Under a contract providing that a broker on securing a purchaser shall receive a, commission when the contract for the sale is signed, the broker is not entitled to the commission on securing a paro...
-Sec. 364. Agent Acting Under Oral Authority Can Not Bind Principal By Written Covenants
An agent acting under parol authority can not bind his principal by a written covenant under seal, signed with the name of such principal; such an instrument is not, in any sense, the deed of the prin...
-Chapter VI
365. Postponement by purchaser - Broker earns commissions. 366. Undisputed possession for years - Agent authorized. 367. Words placed in hands of do not give possession. 367a. The word sell ...
-Sec. 365. Postponement By Prospective Purchaser, Broker Not Defeated Of Commissions By Sale Through Another
Where a broker put his principal in communication with a prospective purchaser for his lot, and the prospective purchaser postponed the proposition for the time being, but afterward went to another re...
-Sec. 366. Possession Undisputed For Years Raises Presumption Of Authority Of Agent To Convey
After many years undisputed possession of real or personal property under a conveyance executed by a person as agent, his authority will be presumed. Stockbridge v. West Stock-bridge, 14 Mass. 257, 26...
-Sec. 367. Words "Placed In The Hands Of" Do Not Give Agent The Right To The Possession Of The Property
The expression placed in the hands of------------to be sold used in a contract by which one person agrees to sell land for another for a commission, does not confer on the agent a right to the posse...
-Sec. 367a. The Word "Sell" Held To Mean "To Find A Buyer"
As used in a real estate broker's employment contract granting an exclusive option to buy or sell certain property within a stated time, the word sell means to find a purchaser for. Fleming v. Hat...
-Sec. 367b. The Phrase "In Any Event" Held To Mean "Whatever May Happen"
Where a written contract for the sale of real property by a broker provided that it should be maintained in any event until a certain date, the words in any event mean only whatever may happen, ...
-Sec. 368. Agent Buying For Principal, Paying Purchase Money And Taking Deed To Himself, Holds Absolutely
Where a man employs an agent by parol to buy an estate, and the agent accordingly buys it, and no part of the consideration is paid by the principal and there is no written agreement between the parti...
-Sec. 369. Principal Accepting Property In Lieu Of Cash, Liable To Broker For Commissions
A broker is entitled to his commissions for effecting a sale where the principal without objecting accepts property in lieu of cash. Clark v. Allen, 125 Cal. 276, 57 P. 985; Babb v. Johnson, 28 Ind. A...
-Sec. 370. Principal Should Pay The Broker Who Procured The Purchaser
Where real estate is placed for sale in the hands of two independent brokers under an arrangement with the owner assented to by both of them that the commission shall be paid to the one selling the pr...
-Sec. 370a. Landowner Not Liable To Other Agents Whom His Agent May Employ
A landowner may select his own agent for the sale of his land without becoming personally responsible to other agents whom the first agent may employ to assist him in carrying out the undertaking. Lan...
-Sec. 371. Agreement Between Brokers To Divide Commissions Bars Recovery Thereof
Where defendant employed plaintiff as his agent to effect an exchange of defendant's property, plaintiff being given discretion as to the valuation to be placed on the property, and plaintiff and the ...
-Sec. 371a. Brokers May Make Oral Contracts Between Themselves To Divide Commissions
Rem. and Bal. Code, Sec. 5289, providing that an agreement employing a broker to sell real estate for a commission shall be void unless in writing, only applies to contracts between a landowner and a ...
-Sec. 372. Authority To An Agent To Make Necessary Repairs, Does Not Extend To Permanent Improvements
If one employed to manage property for its owner is empowered to make such repairs only as are necessary to preserve and protect the property from ordinary wear and tear, he can not charge the owner w...
-Sec. 373. Broker Can Not, Unless Authorized, Retain Commissions From Purchase Money
Where real estate was placed in the hands of brokers for sale, and they purchased it from the agent of the owner with power to sell, such agent had no legal right to retain commissions out of the pric...
-Sec. 374. Vendor By Refusal To Sell, Liable To Broker For Commission, Though To Be Paid By Customer
W. employed C. & R. to purchase a lot for him upon certain terms, stipulating that the compensation of the latter was to be deducted from the purchase money going to the vendor, and was in no event to...
-Sec. 374a. Owner Can Not, By Refusing To Convey, Avoid Liability To The Broker For Earned Commissions
An owner can not, by refusing to convey, avoid liability to the broker for services rendered in procuring a purchaser while the contract of employment was in force. Johnson v. Huber (Kan. Sup. '09), 1...
-Sec. 375. Principal Refusing To Sell, Broker Not Entitled To Commission, In The Absence Of An Established Custom
It is the custom of land agents or brokers in Wisconsin to charge and receive three per cent. of the amount of the purchase money. K. verbally employed P., a land broker, to sell for him certain land...
-Sec. 376. Broker Not Deprived Of Commissions As To Part Of Consideration Paid By Other Property
Where a broker produces an acceptable purchaser in the manner and under the agreement stated, he will not be deprived of his commissions because the principal part of the consideration for the land by...
-Sec. 377. Broker Agreeing To Take Real Estate For Compensation, On Refusal Can Recover In Cash
A broker who, after performance of his contract, agrees to take real estate as compensation, upon the principal's refusal to convey the realty, is entitled to recover the commission in cash. Morey v. ...
-Sec. 378. Broker Originally Agreeing To Take Realty For Compensation, On Refusal, Can Not Recover In Money
The plaintiff, who was a real estate broker, agreed before certain commissions were earned by him, to take payment of them in lots of land, and afterwards selected the lots he would take; a deed there...
-Sec. 379. Release To Owner By One Broker Left The Other Entitled To One-Half Of Remaining Land
An owner employed a broker to procure a purchaser for a tract of land; the broker, with the owner's consent, employed a third person to assist in procuring a purchaser; the owner thereupon executed an...
-Sec. 380. Release By Vendor Of Vendee From His Obligation Does Not Deprive Broker Of Right To Commissions
A broker has earned his commissions when he has presented a customer whom the owner accepts, and evidences such acceptance by entering into an enforceable, binding contract; the action of the vendor i...
-Chapter VII. Agents
381. Agent to collect rent not authorized to employ broker to sell land. 381a. Agents to rent and care for land may purchase for themselves. 382. Broker required to refund commissions when he has ...
-Sec. 381. Agent To Collect Rent Not Authorized To Employ Broker To Sell Land
The issue was, whether one executing a contract on behalf of a landowner had authority so to do, and it was shown that 330 he was authorized by one who was engaged in renting property and collecting r...
-Sec. 381a. Agents To Rent And Care For Land May Purchase For Themselves
Agents to rent and care for land, not agents for the sale thereof; held, entitled to negotiate and purchase for themselves, though the owner did not know that they were the real purchasers. Fred Brown...
-Sec. 383. Receipt By Broker, Signed By Himself As Agent, Binds Him Individually
Where brokers, making a sale, give the vendee a receipt for the first payment, signed by themselves as agents, in which it is stated, it is agreed that in case the title appears to be not good, this ...
-Sec. 384. Where Agent Gives Receipt In Name Of Principal, Purchaser Must Look To Latter
Where an agent receipts for money in the name of his principal, the purchaser must look to the latter to account for it, and can not recover from the agent, whether the latter has delivered it to his ...
-Sec. 385. Recepit In Name Of Principal, Purchaser May Recall Before Money Is Paid To Him
If a party who has paid money to an agent for the use of his principal becomes entitled to recall it, he may, upon notice to the agent, recall it, provided the agent has not paid it over to his princi...
-Sec. 385a. Receipt Of Broker For Purchase Money Bound Owner
Where real estate brokers conducted negotiations between plaintiffs and defendant for a sale of land, receipt by them of the purchase money from defendant was in legal effect a receipt thereof by plai...
-Sec. 386. Creditor Authorized To Collect Rent Can Not Pay Therefrom His Own Debt
A. authorized B. to collect certain rents, and directed him to apply them, (1) to the payment of certain demands due to third. persons, and then to the payment of a mortgage held by B. B. collected th...
-Sec. 387. Agent To Collect Rent Must Apply The Same As Directed By Principal
Where defendant, after he had been, by an instrument in writing, authorized by the owner of land to collect rents and make certain disposition thereof, accepted an order by such owner directing him to...
-Sec. 388. Broker Acting In The Interest Of Others, Not Entitled To Share In Transaction Negotiated For Principal
An agreement that a land agent shall have an interest in transactions negotiated by him, does not entitle him to share in a transaction in which he acted for other persons from whom he received compen...
-Sec. 389. Broker Purchasing Property Not Entitled To Commissions For Its Sale
An agreement by a real estate agent to divide commissions on the sale of certain property if plaintiff should find a purchaser does not entitle plaintiff to a share of the commission, where he and a t...
-Sec. 389a. Agent Can Not Become The Buyer Of The Principal's Property, Even When Sold At Particular Price
An agent can not become the buyer of the principal's property, even when there is a sale at a particular price. Ruckman v. Burgholz, 37 N. J. L. 437; Armstrong v. Elliott, 29 Mich. 485. Compare Secs. ...
-Sec. 389b. When Employed To Purchase, Agent Can Not Sell His Own Property To Principal
When employed to purchase an agent can not sell his own property to his principal. Deep River, etc., v. Fox, 4 Ired. (N. C.) Eq. 61; Banks v. Judah, 8 Conn. 145; Matthews v. Light, 32 Me. 305; Copelan...
-Sec. 389c. Circumstances Under Which Agent Had A Right To Purchase The Property For Himself
Defendant was employed to effect a purchase of real estate at a price not to exceed $51,000, and to take a contract therefor in his own name, to be assigned to plaintiff. Held, that after using all re...
-Sec. 390. Broker Employing Liable For Fraud Of Sub-Agent
A broker is liable for the fraud of a sub-agent employed by him, and not in privity with the broker's principal. Barnard v. Coffin, 141 Mass. 37, C H. E. 364; Estes v. Crosby, 175 N. W. 933, amend, o...
-Sec. 390a. Sub-Agent Acting In Good Faith Not Liable For Mistake Of His Principal
Where a sub-agent had reasonable grounds to understand that the price given him by the principal agent was the owner's price, and concealed no material fact within his knowledge from the purchasers, h...
-Sec. 391. Sub-Agent Concealing Fact From Principal Deprived Broker Of Right To Commission
Where a sub-agent conceals from the principal the fact that he is acting for the agent, the latter can not recover a commission. Mullen v. Bower, 22 Ind. App. 294, 53 N. E. 790. See also Secs. 25, 291...
-Sec. 392. Sub-Agent Exceeding Authority Can Not Bind The Principal For Commissions
An agent to receive bids for property, who has no authority to consummate a sale, can not appoint a sub-agent so as to bind the principal for commissions on a sale made to a purchaser found by such su...
-Sec. 392a. Broker Selling On Terms Varying From Instructions
Where a broker was employed to sell property to certain persons on a payment down of $17,500, he could not bind his principal by accepting a part payment of $10 only, and hence was not entitled to th...
-Sec. 392b. Broker Departing From Instructions In Making Sale
A broker employed to find a purchaser who would pay the purchase price, and in addition assume such assessments as might be levied against the property, did not comply with the terms given him so as t...
-Sec. 393. Principal Not Liable To Compensate Sub-Agent Employed By Broker
Ordinarily the principal is not liable to compensate a sub-agent employed by the broker to sell the property, although authorized to take any steps necessary. Carroll v. Tucker, 21 N. Y. S. 952, 2 Mis...
-Sec. 394. Broker Not Liable For Poor Sale By Sub-Agent
If an owner of land employs a broker to sell it, and the broker employs an agent in the place where the land is, and the broker honestly believes an offer made by the agent to be a good one, and so st...
-Sec. 394a. When Agent Without Implied Power To Appoint Sub-Agent
The power of a real estate broker to give an option for a limited time, and to extend such time, is in the nature of a personal trust, so as to negative any implied power to appoint a sub-agent for wh...
-Chapter VIII. Sub-Agents
395. Sub-agent violating instruction. 396. Sub-agent entitled to share of one-half commissions. 396a. Sub-agent confined, to share stipulated, and not entitled to share of extra commission to chief. ...
-Sec. 395. Sub-Agent Violating Instructions In Obtaining Offer In Advance Of Bids
One who has been employed by the agent to assist him in obtaining bids for property, was not acting under that authority when he advised others to make the principal an offer in advance of the bid obt...
-Sec. 396. Sub-Agent Ordinarily Entitled To Share Of One-Half The Commissions
Where, in an action for a division of broker's commissions, defendant agreed to pay one-half of the commissions earned on the sale, and defendant admitted receiving $287.50, it was proper for the cour...
-Sec. 396a. Sub-Agent Confined To Share Stipulated, And Not Entitled To Share Of Extra Commission To Chief
Where owner of property agreed to pay plaintiffs 5% commission for a sale, and they engaged defendants to assist them, agreeing to give them 3/4 of such commission, they are not entitled to share any ...
-Sec. 397. Agreement With Sub-Agent To Divide Fees Binding On Producing Purchaser
Where plaintiff was authorized by the owner of land to sell it, and agreed to share the commission with defendant in case the latter found a purchaser, the contract was unilateral, binding on neither ...
-Sec. 397a. Sub-Agent Entitled To Half Commission Growing Out Of Combined Option And Sale
There was a consummation of a sale to a customer of plaintiff, a real estate agent, so as to entitle him to half the commission under an agreement with defendant, another real estate agent, though onl...
-Sec. 397b. Sub-Agent Employed To Assist Entitled To Recover Regardless Of Value Of Service Rendered
In an action against brokers to recover for services rendered in assisting them in making a sale, plaintiffs right to recover did not depend on whether he was the procuring cause, but whether he did a...
-Sec. 398. One Employing An Agent To Find A Purchaser Liable For Commissions
One who employed a broker to find a purchaser for real estate, and who did not disclose to the broker that he was acting as an agent, and did not disclose his principal until after the broker had foun...
-Sec. 399. Secretly Learning Price Of Property And Sending Buyer, Broker Not Entitled To Commissions
Where owners of real estate expressly refused to employ the plaintiff, a broker, in selling their property, it was held that the mere fact that the plaintiff, having ascertained the price charged for ...
-Sec. 399a. Broker Entitled To Commission On Sale By Owner To His Customer Stopping Broker From Completing
Broker entitled to commission for sale made by owner after holding up negotiations begun by the broker. Hutto v. Stough & Hornsby, 47 S. 1031, 157 Ala. 566; Alexander v. Smith, 61 S. 68, 180 Ala. 541....
-Sec. 400. Secretly Representing Both Parties Defeats Broker's Right To Commissions
A real estate agent who secretly undertakes to represent both parties, is not permitted to recover commissions from either. Williams v. Moore-Gaunt Co., 3 Ga. App. 756, 60 S. E. 372; Hess v. Gallagher...
-Sec. 401. Giving Commissions To Purchaser's Agent Vendor Acts In Bad Faith, But Contract Not Void
The act of the vendor in giving secret commissions to the vendee's agent, although contrary to good faith and the policy of the law, does not make the contract of sale absolutely void. Lightcap v. Nic...
-Sec. 402. Broker Required To Exercise Such Skill As Is Employed By Persons In His Calling
A broker is required to use such skill as is ordinarily possessed and employed by persons of common capacity engaged in the same trade or business, and such diligence as persons of common prudence are...
-Sec. 403. Broker May Be Responsible For The Sufficiency Of The Security
Where a vendor relies on his broker in the sale of property, he must exercise reasonable care in passing on the sufficiency of the security taken for the price, if he has accepted that responsibility....
-Sec. 403a. Contract Held To Guaranty Payment Of $8,000 For Land Sold At Public Sale
Provision in a contract by which defendant was to sell land for plaintiff at public sale; held, a guaranty that defendant would pay plaintiff $8,000 in cash on the day of sale. Barkley v. Atl. Coast R...
-Sec. 404. Broker Must Account To Principal For Money Received And Withheld, And Statute Of Frauds No Protection
Although an appointment in writing is necessary to constitute one an agent for the sale of real estate, one who sells real estate as the owner's agent would not be justified in retaining the differenc...
-Sec. 404a. Broker Required To Account For Proceeds Of Land Sold By Him In Trust To Pay Debts Of Owner
Where an owner conveyed land to brokers upon a contract that they should sell it, and out of the proceeds pay his debts, and turn over the balance, after deducting their compensation, such brokers, up...
-Sec. 405. Broker For Seller, Member Of Purchasing Syndicate, Bars Commissions
The fact that, unknown to the principal, a member of a firm employed to sell land belongs to the syndicate to which the land was sold, bars the first from recovering commissions for the sale, though t...
-Sec. 406. Broker Giving Names Of Syndicate To Owners, And Before Formed Latter Sells To Others, Broker Barred Commissions
In an action by a real estate broker to recover commissions it appeared that he furnished the names of the members of a purchasing syndicate to the owner, but the syndicate was not fully formed, and a...
-Sec. 407. Tenants In Common Jointly Liable For Broker's Commissions
Where land is owned by two tenants in common, and is placed in the hands of one, who sells it through a broker, the owners are jointly liable for the broker's commissions. Clifford v. Meyer, 6 Ind. Ap...
-Sec. 407a. Three Brothers Employing Agent To Sell Realty For Family Personally Liable On Contract
Where three brothers assumed to act for themselves and other brothers and sisters in employing an agent to sell farm belonging to them, the three were personally liable for the whole commission if the...
-Sec. 408. Broker Effecting Sale On Lower Terms Than Authorized Loses Commissions
A broker must follow the instructions of his employer; therefore, one who is promised compensation if he will procure a purchaser for property on certain terms can not claim compensation for effecting...
-Sec. 409. Terms Of Authorization Can Not Be Varied By The Broker
A letter authorizing agents to sell land for $2,200, provided that the party could pay $700 down, and the balance in one, two and three years, does not authorize them to sell for $1,000 down and the b...
-Sec. 409a. Owner Not Bound To Accept Customer From Broker At Less Price Than Stipulated
Defendant owner was not bound to accept from plaintiff bro-ber a customer at a price less than that stipulated, although he was at liberty to accept a less price from another customer. Mullen v. Crawf...
-Sec. 410. Terms Of Half Cash Complied With By Sale For All Cash On Delivery Of Deed
Where a contract authorizes an agent to sell land for $15,000, about one-half cash, but is silent as to a sale for any larger sum, or as to receiving more than one-half cash, or as to the form in wh...
-Sec. 410a. Broker Authorized To Sell For Half Cash And Remainder On Time Can Not Sell For All Cash
A broker employed to sell land for one-half cash and balance on credit, can not recover a commission on the owner refusing to consummate a sale for all cash, unless the credit required to be extended ...
-Sec. 411. Where The Contract Of Employment Is Modified, Broker's Rights Depend Upon The New
The terms of a contract of employment may be modified by a subsequent agreement, express or implied, the same as any other contract, in which case the broker's right to compensation depends upon the m...
-Sec. 411a. Written Authority To Sell Realty Can Not Be Modified Orally
Where, after written authorization to brokers to negotiate an exchange of specific property was withdrawn, the brokers were orally requested to negotiate an exchange of a part of the property on diffe...
-Sec. 412. Broker Failing To Disclose To The Principal The Best Terms Loses Right To Commissions
A broker employed to buy or sell property is not entitled to compensation where he fails to act in good faith and disclose to his principal the best terms upon which the transaction can be consummated...
-Sec. 412a. Broker Understating Price Obtainable Liable To Principal For Loss
If the broker employed to sell or exchange property understates to the principal the best price or arrangement obtainable, the principal is entitled to recover from him the difference between that obt...
-Chapter IX. Sec. 413. Unless Clothed With Power By Owner No One Can Transfer Title To Another's Land
413. Unless clothed with power by owner no one can transfer title to another's land. 414. Fraudulent acts of broker may give rise to an action of tort. 414a. Proceedings to enforce one remedy barred ...
-Sec. 414. Fraudulent Acts Of Broker May Give Rise To An Action Of Tort
If a broker employed to sell property understates to his principal the price received by him and appropriates the difference, must account to him therefor. Collins v. McClurg, 1 Colo. App. 348, 29 P....
-Sec. 414a. Proceeding To Enforce One Remedy Barred Any Other
In an action by some of the members of a syndicate which own an equitable interest in property, the legal title to which is held by another in trust for all the members,'for the amount received by the...
-Sec. 415. Unauthorized Negotiations Of Brokers Not Ratified By The Sale By Owner To Customer
Defendants employed plaintiff to procure a purchaser for a ranch, and subsequently revoked the agency, and in the course of subsequent correspondence continually insisted that the ranch was not for sa...
-Sec. 416. Broker Accepting Valuation Made By Buyer, Principal Bound Thereby
Where an agent negotiating a sale of the interest in an estate accepts the valuation of the property made by the intending purchaser, and fails to examine the county records, or take other steps to in...
-Sec. 416a. Owner Bound By Legitimate Effect Of His Language Rather Than His Own Understanding Of Its Import
Where the language used by the owner, in conference with the broker, and the attending circumstances, were such as to justify the broker in believing that an extension of time in which to make the sal...
-Sec. 417. In Some States Power To Sell And Convey Land Includes Power To Give Covenants Of Warranty
In some jurisdictions the power to sell and convey land includes authority to convey it with covenants of general warranty. Taggart v. Stanberry, 2 McLain (U. S.), 543; Peters v. Farnsworth, 15 Vt. 15...
-Sec. 418. In Some Jurisdictions The Power To Sell With Covenants Of Warranty Must Be Specially Conferred
A broker employed to sell real property has ordinarily no power to effect a sale with warranty, and if he does it is such a departure from his authority that the contract will not bind the principal. ...
-Sec. 418a. Broker To Sell Land Has No Power To Bind Principal By Contract To Sell And Convey
Where brokers were authorized to purchase and sell lands at a specified price, under certain conditions, or to find a purchaser, they had no power to bind their principal by a contract to sell and con...
-Sec. 419. Broker May Sell A Contract For The Sale Of Real Estate Without Written Authority
Penal Code, Sec. 640d, requiring written authority to authorize a broker to sell real estate for clients, does not apply to the employment of brokers to sell a contract for the sale of real estate at ...
-Sec. 419a. Contract With Broker To Sell Land Not Required To Be In Writing
Where the authority given to a broker to effect a sale of land does not require the contract of sale to be in writing, the agreement to pay him a commission is not within the statute of frauds, and is...
-Sec. 420. It Is The Duty Of The Principal To Collect Purchase Money Notes On Which Commissions Depend
Brokers procured purchasers for a mine, who offered one-half cash and their unsecured notes for the balance; these terms were unsatisfactory to the owner, but he agreed with the brokers to sell on the...
-Sec. 420a. Duty To Collect Purchase Price Devolves On Seller
Though a broker's contract of employment provided that he should not receive commissions unless the deal was closed, and that the commissions were payable from the proceeds of the sale, the broker, in...
-Sec. 420b. Vendors Not Required To Accept Payments For Land By Checks
Vendors under contract with broker for the sale of land, terms one-half down, and the balance in five equal annual payments/' can not be required to accept payments by check, and they need not bind t...
-Sec. 421. Presumption By Continuing Negotiations After Revocation That Agent Acts For Purchaser
Where a broker is notified by a vendor that he will pay no commissions, and thereafter continues the negotiations for a sale, it is presumed that he is the agent of the purchaser and looks to him for ...
-Sec. 421a. One Receiving An Inquiry From A Broker As To The Price Of Land May Infer He Is Acting As Agent For Another
Where defendant knew that plaintiff was a real estate broker, he could infer, upon receiving an inquiry from plaintiff as to the price of property, that the latter was acting as agent for another in s...
-Sec. 422. Authority To Sell For Specific Sum, Did Not Authorize Part Cash And Mortgage
A broker's authority to sell land for a specific sum, did not authorize an agreement to sell for a part of the price in cash, the balance to be represented by a mortgage on the premises. Stengel v. Sa...
-Sec. 422a. Authority To Sell For Specified Sum Is For Cash Only
A broker authorized to sell real estate for a specified sum, for a commission in excess of that sum, has authority to make a cash sale only. Slayback v. Wetzel (Mo. App. '09), 123 S. W. 982. See also ...
-Sec. 422b. Allegation In Broker's Petition For Finding A Purchaser For Land Held To Mean Either Wholly Or Partly For Cash
The allegation of a petition in an action for commission for procuring a purchaser for real estate, that defendant agreed that if plaintiff could procure a purchaser he would pay him all over $6,000 f...
-Part IV. Commissions And Compensation Of Agents. Chapter I
423. Broker entitled to commissions on quantity. 423a. Broker entitled to agreed commissions and not limited to computation on lesser sale price. 423b. Broker entitled to commission on sale of ...
-Sec. 423. Broker Entitled To Commissions On Quantity Contracted For, Although Less Owned
Where the terms of sale are fixed by the vendor, in accordance with which the broker introduced a proposed purchaser, and upon the procurement of the purchaser the vendor voluntarily reduces the price...
-Sec. 423a. Broker Entitled To Agreed Commissions And Not Limited To Computation On Lesser Sale Price
A promise to pay a broker for selling land a commission on the price I may accept if sold through your agency, means a commission on the price agreed to be paid for the property, and not only on the...
-Sec. 423b. Broker Entitled To Commissions On Sale Of Landa Other Than Those Listed
A letter closing correspondence whereby vendor authorized brokers to sell his lands, stating that commissions would be paid upon all lands listed in said letter, but stating that such was only a parti...
-Sec. 423c. Broker's Right To Commissions Predicated On Contractual Relations With Alleged Principal
A real estate broker's right to compensation must be predicated on contractual relations between himself and his alleged principal. Ludeman v. English, 189 P. 531. ...
-Sec. 424. Broker Interfering In Another's Transaction Not Entitled To Commissions
A broker on being offered a commission to find a purchaser for certain lands, presented the matter to one who took it under advisement for a time, and then, wishing to signify his acceptance, sought t...
-Sec. 425. Broker Agreeing To Look To The Purchaser For Commissions Bound By His Election
Plaintiff, a real estate broker, was employed by defendant to sell or exchange for him a farm and four lots, the farm at $5,000, or the whole at $13,000, and agreed to pay plaintiff commissions theref...
-Sec. 425a. Broker Employed To Purchase Not Entitled To Commissions From Seller
Plaintiff, a real estate broker, being employed by B., a person desirous of purchasing a residence, to find for him such a place as he desired, introduced him to defendant, who had a place to sell, an...
-Sec. 426. Broker Not Entitled To Commissions On Contract At Set Price And Sale At Less
A broker hired to sell property at a certain price can not recover commissions for effecting a sale at a lower price, and the appellate court held that the case was properly taken from the jury. Willi...
-Sec. 426a. Owner Selling Land For Less To Broker's Customer Liable For Commission
An owner of land who sold directly to a purchaser found by the broker at a price less than that at which it was listed is liable for the broker's commissions. Davis-Fisher Co. v. Hall, 148 N. W. 713, ...
-Sec. 427. Broker Not Entitled To Commissions, As Contract Secured Was Not A Lease
Plaintiffs, real estate brokers, were employed by defendant to procure a lease of certain real estate owned by her; they negotiated an agreement for a lease, the terms of which she could not perform, ...
-Sec. 427a. Acceptance Of Change Of Sale Contract To Option By Broker Held Not To Bind Principal
Where a broker authorized to sell land wrote his principal that he had a tentative contract on different terms requiring different payments, a reply accepting such change did not ratify broker's act i...
-Sec. 428. Immaterial Variance In Description Did Not Deprive Broker Of Commissions
Where plaintiff made a contract by which he was to have the exclusive right for twenty days to effect a sale of defendant's farm, and the contract of purchase which he secured described the land as co...
-Sec. 428a. Wrong Description Insufficient To Defeat Broker's Right To Commissions
An owner of land listed it with a real estate broker to be sold within a given time, at a stated price, agreeing to pay the broker ten per cent. if he sold it, and five per cent. if the owner sold it,...
-Sec. 428b. What Circumstances Fell Short Of A Variance
Where, in an action by a broker for commissions, the complaint alleged that he was employed to procure a purchaser of real estate for a commission, on condition that plaintiff would at once advise the...
-Sec. 429. Broker Securing Loan For A Less Amount, Which Is Accepted, Entitled To Commissions
In an action upon an agreement to pay a broker a commission for obtaining a loan, it appeared that a loan for a less amount was obtained, and at first accepted, but subsequently declined by the princi...
-Sec. 430. Broker To Procure A Loan Entitled To Commissions On Finding A Lender
A broker employed to effect a loan is entitled to his commissions when he has found a lender who has the money and who approves of the security, unless his rights are varied by special contract; there...
-Sec. 431. Broker Failing To Report Finding Lender Not Entitled To Commissions
Where an application for a loan is made to a broker, who secures a party willing to make the loan, but does not so notify the applicant, and after the time has elapsed within which the broker was to p...
-Sec. 432. Where Broker Negotiated With Two Jointly, Sale By Owner To One Bars Commissions
Plaintiff employed as a broker by defendant to sell certain real estate, but not having the exclusive right to sell, carried on negotiations with two persons for a purchase by them together, but did n...
-Sec. 433. Broker Not Entitled To Commissions Where Contract Void By Statute Of Frauds
A real estate broker is not entitled to commissions, where a sale to his customer is not consummated, and the executory contract of sale is not binding under the statute of frauds. Wilson v. Mason, 15...
-Sec. 433a. Contract Of Employment Of Broker Void By Law Of State Where Made, Void Everywhere; Also Exceptions To Application Of Statute Of Frauds
Where a real estate broker's employment contract is void in the state where made, because not signed by both parties, it is void everywhere, and no subsequent agreement or act based on it can give it ...
-Sec. 433b. Statute Recited Making Broker's Contract For The Sale Of Real Estate Void After One Year
Laws 1911, c. 157, providing that contract making one an agent for the sale of real estate shall become void after one year, unless the time of termination is fixed, rendered a contract for the exclus...
-Sec. 433c. Contract Of Broker Held Defective By Trial Court Because Of Printed Signature Excepted By Appellate Court As Contract Had Been Acted Upon
Allegation of a broker's employment contract is not sufficient under Rev. Stat. 1913, Sec. 2628, because signature of the broker was printed; held error, where he had acted on the contract. Berryman v...
-Sec. 433d. Where Contract Void, Notes Collectible, The Moral Obligation Being Sufficient Consideration
Though the oral promise to pay a commission for effecting an exchange of land was unenforceable, being within Comp. Laws 1915, Sec. 11981, a note given by the landowner for the amount of such commissi...
-Sec. 434. Principal Capriciously Refusing To Appraise Can Not Deprive Broker Of Commissions
Where a broker is employed to negotiate for a house his compensation to be paid for in diamonds, no particular diamonds being particularly identified, and the broker finds a house and the principals a...
-Sec. 435. Where Purchaser Refusing To Take, Knew The Real Length Of Lot, Broker Barred Commissions
In an action by a real estate broker to recover commissions earned, on the ground that the purchaser refuses to take the property on account of false representations of the length of the lot, a verdic...
-Sec. 436. Where Vendor Signifies Repudiation Of Contract Tender Not Necessary For Broker To Recover Commissions
Where a contract of sale has been revudiated by the vendor, proof of tender of performance by the vendee is not necessary, in an action by the broker against the vendor for his commissions on the sale...
-Sec. 437. Where Broker Unsuccessfully Negotiated With F, Sale By Owner To F And Others Bars Commissions To Broker
Where a broker's contract for the sale of land required not only the finding of a purchaser but a sale to him by the broker, and it was specially agreed that no commission should be paid unless a sale...
-Sec. 438. Broker Not Entitled To Commissions Where Party To Make Exchange Does Not Show Good Faith
A contract of exchange negotiated by a broker, incompletely executed by the broker's principals, does not show willingness to perform by the alleged purchaser, where the form of the contract and the w...
-Sec. 439. Unless Broker Has Exclusive Agency Not Entitled To Commissions On Sale By Another Agent
A broker who is unsuccessful in effecting a transaction in behalf of the principal is not entitled to commissions upon the success of another broker, unless the principal gives him an exclusive agency...
-Sec. 440. Broker Entitled On Sale By Owners To Proportionate Commissions On Share Of Two Tenants In Common
Where a broker had the exclusive control of property for the purpose of sale so far as two of the several tenants in common could confer it, and was attempting to sell when the owners sold, he can rec...
-Sec. 440a. Broker Entitled To Commission On Sale Of Land In Proportion As Payments Were Collected
Where defendants agreed to pay plaintiffs as a commission for securing a contract for defendants, all above a specified price, the commission to be paid in proportion as we receive the money, plaint...
-Chapter II. Sec. 441. Broker Preventing Competitive Bidding Not Entitled To Commissions
A broker employed by a guardian of an incompetent person to sell real estate is not entitled to commissions if he offered money to another bidder to induce him to refrain from bidding on the same agai...
-Sec. 442. Broker Can Not Charge Commissions Against Beneficiary
Recovery of a real estate broker's commissions for procuring a purchaser can not be charged against one who merely had a beneficial interest in the property without authority to sell, and who, so far ...
-Sec. 443. Volunteers
A mere volunteer, though he brings the parties together and is the efficient means of procuring a sale, a lease, or an exchange of property, is not entitled to a commission. Albert Booth Cohn v. Lee, ...
-Sec. 444. Interference By Breaking Into Negotiations Started By Another Agent
A broker interfering with another's transaction is not entitled to a commission. Reynolds v. Tompkins, 23 W. Va. 229; Jenks v. Nobles, 42 I11. App. 33. Where a broker to sell advertises the property a...
-Sec. 445. The First Broker Who Succeeds Is Entitled To The Commission
Where two or more brokers are employed, ordinarily the first who succeeds in actually producing a purchaser and consummating a sale is entitled to full commissions. Whewell v. McLernon Realty & Const...
-Sec. 446. Broker Who Was The Procuring Cause Of The Sale Is Entitled To The Commission
The agent who is the procuring cause of the sale is entitled to compensation. See also Sec. 219. ...
-Alabama
Alexander v. Smith, 61 S. 68, 180 Ala. 541. ...
-Arkansas
Steivel v. Lolly (Ark. Sup. '09), 115 S. W. 1134; Bogne v. Marshall (Ark. Sup. '08), 114 S. W. 714; Hunton v. Marshall, 76 Ark. 375, 88 S. W. 963; Scott v. Patterson, 53 Ark. 419, 13 S. W. 419. ...
-California
Zeimer v. Antisell, 75 Cal. 509, 17 P. 642. ...
-Colorado
Anderson v. Smythe, 1 Colo. App. 253, 28 P. 478; Babcock v. Merritt, 1 Colo. App. 84, 27 P. 882; Geiger v. Kiser (Colo. Sup. '10), 107 P. 267; Lawrence v. Weir, 3 Colo. App. 401, 33 P. 646; Scott v. L...
-Connecticut
Hoadley v. Banbury Sav. Bk., 71 Conn. 599, 42 A. 667, 44 L. R. A. 321; Duncan v. Kearney, 72 Conn. 585, 45 A. 358; Williams v. Clowes, 75 Conn. 155, 52 A. 820. ...
-Delaware
Hawkins v. Chandler, 8 Houst. (Del.) 434, 32 A. 464; Held-meyer v. Cleaver, 104 A. 635 (Del. Super.). ...
-District Of Columbia
Bryan v. Albert, 3 App. (D. C) Cas. 180; Clark v. Morris, 30 App. (D. C.) Cas. 553. ...
-Georgia
Indian Trust Co. v. Sandlein, 125 Ga. 222, 54 S. E. 65. ...
-Idaho
Church v. Denning, 14 Ida. 776, 96 P. 263. ...
-Illinois
Henry v. Stewart, 185 I11. 448, 57 N. E. 190; Rigdon v. Moore, 226 I11. 382, 80 N. E. 901; Sievers v. Griffin, 14 I11. App. 63; Davis v. Gassett, 30 I11. App. 41; Adams v. Decker, 34 I11. App. 17; Jen...
-Indiana
Clifford v. Meyer, 6 Ind. App. 633, 34 N. E. 23; Mullen v. Bowen, 26 Ind. App. 253, 59 N. E. 419; Shelton v. Lundin (Ind. App. 10), 90 N. E. 387. ...
-Iowa
Kelley v. Stone, 94 Iowa, 316, 62 N. W. 842; Stanford v. Bell, 99 Iowa, 545, 68 N. W. 817; Semple v. Rand, 112 Iowa, 616, 84 N. W. 683; Rounds v. Alee, 116 Iowa, 345, 89 N. W. 1098; Hun v. Ashton, 121...
-Kansas
Driesbach v. Rollins, 39 Kan. 268, 18 P. 187; Marlott v. Elliott, 69 Kan. 477, 77 P. 104; Votaw v. McKeever, 76 Kan. 870, 92 P. 1120. ...
-Kentucky
Biggins v. Miller, 109 Ky. 203, 22 L. R. 702, 58 S. W. 580; Collier v. Johnson, 23 Ky. L. R. 2453, 67 S. W. 830; Hopkins v. Moseley, 31 Ky. L. R. 1308, 105 S. W. 104; Hobbs v. Miller, 14 Ky. L. R. 719...
-Louisiana
Taylor v. Martin, 109 La. 137, 33 S. 112. ...
-Maine
Straut v. Hubbard (Me. Sup. '08), 71 A. 1020. ...
-Maryland
Schwartz v. Yearly, 31 Md. 270; Livezy v. Miller, 61 Md. 336; Walker v. Baldwin, 106 Md. 619, 68 A. 25. ...
-Massachusetts
Desmond v. Stebbins, 140 Mass. 339, 5 N. E. 150; Bowling v. Merrill, 165 Mass. 491, 43 N. E. 295; Whitcomb v. Macon, 170 Mass. 479, 49 N. E. 742; French v. McEay, 181 Mass. 485, 63 N. E. 1068; Sulliva...
-Michigan
Ellsmore v. Gamble, 62 Mich. 543, 29 N. W. 97; Wood v. Wells, 103 Mich. 320, 61 N. W. 503. ...
-Minnesota
Armstrong v. Wann, 29 Minn. 126, 12 N. W. 345; Putman v. Howe, 39 Minn. 363, 40 N. W. 258. ...
-Missouri
Brennan v. Roach, 47 Mo. 290; Stande v. Blesch, 42 Mo. App. 578; Russell v. Poor (Mo. App. '08), 119 S. W. 433; Goffe v. Gibson, 18 Mo. App. 1 Ramsey v. West, 31 Mo. App. 676; Millan v. Porter, 31 Mo....
-Nebrasea
Frenzer v. Lee (Neb. Sup. '02), 90 N. W. 914; Butler v. Kennard, 23 Neb. 357, 36 N. W. 579; St. Felix v. Gries, 34 Neb. 800, 52 N. W. 821; Hambleton v. Fort, 58 Neb. 282, 78 N. W. 498; Craig v. Weed, ...
-New Jersey
Shepherd v. Hadden, 29 N. J. L. 334; VreeZand v. Vetterlein, 33 L. J. L. 247; Derrichson v. Quimby, 43 N. J. L. 373. ...
-New Mexico
Jackson v. Brower, 167 P. 6, 22 N. M. 615. ...
-New York
Lloyd v. Matthews, 51 N. Y. 124; Sussdorf v. Schmidt, 55 N. Y. 319; Wylie v. Marine Nat. Bk., 61 N. Y. 415; Colwell v. Tompkins, 158 N. Y. 690, 53 N. E. 1124; Walton v. McMorrow, 175 N. Y. 493, 67 N. ...
-North Carolina
Kinsland v. Grimshaw (N. C. Sup. '07), 59 S. E. 1000. ...
-Oregon
Wolverton v. Tuttler, 51 Ore. 501, 94 P. 961; Jennings v. Trummers, 52 Ore. 149, 96 P. 874. ...
-Ohio
Roush v. Loeffler, 18 Cir. Ct. 806, 6 0. Cir. Dee. 760. ...
-Oklahoma
Yarborough v. Richardson, 131 P. 680, 38 Okl. 11. ...
-Pennsylvania
Earp v. Cummins, 54 Pa. St. 394; Haines v. Bigner, 9 Phila. 51; Burchfield v. Griffith, 10 Pa. Super. Ct. 618; Inslee v. Jones, Brightly, 76; Gibson's Est, 3 Pa. Dist. 147, 14 Pa. Co. Ct. 241. ...
-Rhode Island
Greene v. Mitchell, 102 A. 516, - R. I. Sup. - . ...
-South Carolina
Goldsmith v. Coxe, 80 S. C. 341, 61 S. E. 555. ...
-South Dakota
Wychoff v. Kerr (S. D. Sup. '09), 123 N. W. 733. ...
-Texas
Bowser v. Field (Tex. Civ. App. '91), 17 S. W. 45; Smith v. Fowler (Tex. C. A. '09), 122 S. W. 598; Newton v. Dickson (Tex. Civ. App. '09), 116 S. W. 143; Brown v. Shelton (Tex. Civ. App. '93), 23 S....
-Virginia
Cannon v. Bates, 80 S. E. 581, 115 Va. 711. ...
-Washington
Norris v. Byrne, 38 Wash. 592, 80 P. 808; Frink v. Gilbert, 101 P. 1088, 53 Wash. 392; Bore v. Jones, 126 P. 413, 70 Wash. 157; Parker v. Seattle Land & Imp. Co., 165 P. 1086, - Wash. Sup. - . ...
-West Virginia
Cooper v. Upton (W. Va. Sup. '09), 64 S. E. 523. ...
-Wyoming
Murphy v. W. & W. Live Stock Co., 187 P. 187, re. den., 189 P. 857, - Wyo. Sup. - . ...
-England
Bray v. Chandler, 18 C. B. 717, 86 E. C. L. 718; Murray v. Curry, 7 C. & P. 584, 32 E. C. L. 771; Colonial Trust Co. v. Pac. Packing & Nav. Co., 158 Fed. 277, 85 C. C. A. 539. Compare Sec. 581. If a ...
-England. Continued
Where an owner of real estate sets machinery in motion to induce a sale of real estate through the agency of a broker, and a sale results through the broker's intervention, it is not material that the...
-Chapter III. Sec. 447. Continuity Broken, And Its Effect Upon The Rights Of The Broker
Plaintiff had a contract with defendant by which in consideration of special efforts of the former to sell a house belonging to the defendant, and of advertising the house in a circular which plaintif...
-Sec. 448. Sequence Broken, And Its Effect Upon The Broker's Right To Commissions
A broker who negotiated with one person, who called the attention of another to the property, and that other bought from the vendor, or through another broker, is not entitled to commissions; to be en...
-Sec. 449. Consummation Of Contract
Where a broker is employed to sell or exchange property the terms of the employment may require the completion of the contract or transfer of the title before compensation is earned, unless the act of...
-Sec. 450. Introduction Of Prospective Purchaser
The introduction by a broker of a prospective purchaser to the principal held sufficient to establish a contract of employment. Carroll v. O'shea, 19 N. Y. S. 374. Introduction to the owner, followed ...
-Sec. 450a. Broker Entitled To Compensation On Furnishing Name Of Prospective Purchaser To Owner
A broker who furnishes the name of a purchaser to the owner, . while the former is willing to execute a binding contract, is not chargeable with failure to procure such contract so as to lose his righ...
-Chapter IV. Sec. 451. Effect Of Representations As To Dimensions Of The Property Offered
Defendant employed plaintiff to sell a piece of property for her representing to him that it was seventy-six feet in depth. Plaintiff procured a purchaser to whom defendant made the same representatio...
-Sec. 451a. Owner Bound By Representation Of Location Of Land To Purchaser By His Agent
Purchaser of land could rely upon the representations of the seller's agent as to the true location of the land, such representations being within the ordinary scope of the authority of real estate br...
-Sec. 451b. Sufficient Description Of Property As Required By Statute
Transaction of broker to sell real estate, required by Civil Code, Sec. 1624, subd. 6 to be in writing; held, to sufficiently describe the property, stating county, street and road, with acreage, and ...
-Sec. 452. Purchaser Acting For Another
The fact that the purchaser secured by the real estate broker was acting in behalf of another, does not affect the broker's right to a commission, if the purchaser was able, ready and willing to buy o...
-Sec. 453. Apportionment
Where the evidence shows that defendant's contract to pay plaintiff certain commissions for the sale of lands is either a joint contract with that of other owners of the land or his individual contrac...
-Sec. 454. Defeat Of Broker's Right To Commissions
A real estate agent who carries on the negotiations between the parties and finally brings them together, is entitled to his commissions, though the trade is eventually effected by the owner himself o...
-Sec. 454. Defeat Of Broker's Right To Commissions. Part 2
In an action by a real estate agent to recover commissions for trading defendant's house and lot, where it appears that part of the consideration to be paid by the purchaser was a horse, and that defe...
-Sec. 454. Defeat Of Broker's Right To Commissions. Part 3
Where, in an action by a real estate broker for compensation for procuring a purchaser, it appeared that a memorandum as to the purchase had been made between the principal and the purchaser, calling ...
-Chapter V. Sec. 455. Deals
Where an owner of real estate asks a real estate broker to get a deal, it is not necessary for the real estate broker to assent in words; if he procures a purchaser he makes a contract by performanc...
-Sec. 456. Excess In Price As Compensation
A real estate agent employed to sell land for a certain net price is not entitled, in the absence of a contract therefor, to any excess over such price that he may obtain for the land, there being no ...
-Sec. 457. Failure Of Broker To Sell
Where a broker brought a prospective purchaser before the owner of land, and the prospective purchaser, upon being told the price, left without taking any action. the broker was not entitled to a comm...
-Sec. 458. Failure To Consummate Contract Of Sale
To entitle a real estate broker to his commission, he must produce a person who actually purchases the property by complying with the terms agreed upon, unless his failure to do so is caused by the fa...
-Sec. 458a. Negotiations Not Constituting A Contract, Broker Not Entitled To Commission
Broker employed to procure another to undertake the sale of a tract of land; held, not entitled to commissions, because the negotiations between the principal and said other party did not constitute a...
-Sec. 459. Failure Of Sale By Defect In Title
A contract of employment may be so drawn as to deprive the broker of the right to a commission, if the transaction should fall through because of a defect in the principal's title. Louisville, etc. R....
-Sec. 460. Failure Of Purchaser To Carry Out The Contract
If the principal and the customer found by the broker enter into a valid contract, and the purchaser fails to make the deferred payments and surrenders possession to the vendor, the broker is not depr...
-Sec. 460a. Broker Employed To Purchase Entitled To Commission For Services
In an action by a broker for commissions for purchasing real estate, where defendant authorized to pay $27 an acre, and plaintiff obtained a price of $28, which defendant agreed to pay, and availed hi...
-Sec. 461. Failure Of Consideration
Partial failure of consideration is no defense to an action on a note executed and delivered by the vendee to the broker for a commission for making a sale or exchange of real estate. Wade v. Bishop, ...
-Sec. 462. Forfeitures
The plaintiff, a real estate broker, having in his hands certain property of the defendant for sale or exchange, arranged for an exchange with C, and a contract was executed by C. and the defendant, b...
-Chapter VI. Finances
463. Financial conditions. 464. Financial responsibility of purchaser. 465. Finding a purchaser. 466. Gratuities. 467. Goods exchanged for land. 468. Broker entitled to commissions in stock of ...
-Sec. 463. Financial Conditions
The fact that the principal cures the defect in his title, does not deprive the broker of his right to a commission, where the principal gave no notice that the defect was cured until six months after...
-Sec. 464. Financial Responsibility Of Purchaser
Where the proposed purchaser was, at the time of the signing of the contract of sale, ready to make the payment then due, the broker is not required to show that the purchaser had sufficient funds on ...
-Sec. 465. Finding A Purchaser
In the absence of a special contract a broker was not entitled to a commission on merely bringing a purchaser who was ready, willing and able to pay the price demanded, where no sale was made because ...
-Sec. 466. Gratuities
Without an express contract providing therefor, a broker is not entitled to a commission for rendering a service for which, by the local custom, no charge is made. Conrey v. Hoover, 10 La. Ann. 437. ...
-Sec. 467. Goods Exchanged For Land
Defendant agreed to pay plaintiff a commission for finding a purchaser with whom he could exchange his stock of goods for land, and the plaintiff secured a contract with P. to exchange a certain tract...
-Sec. 468. Broker Entitled To Commission In Stock Of Insurance Company
A broker was employed to procure a purchaser of a farm for an agreed commission; he found a purchaser who purchased the farm and paid for it in the stock of an insurance company; the owner agreed to t...
-Sec. 469. Broker Entitled To Commissions Where Sale Was Enjoined
An agent who, under a contract, produced a person able and willing to purchase real estate is entitled to his commissions, although the sale is afterwards enjoined. Gibson v. Gray, 17 Tex. Civ. App. 6...
-Sec. 470. When Broker Is Not Entitled To Full Commission Until Price Paid
Where the purchase money of a mine was payable in installments, and the broker's commissions were to be deducted from each installment as paid, it is error to render judgment for the full amount of co...
-Sec. 471. Broker Not Informing Principal Of Customer Defeats Commissions
A real estate agent who fails to induce a customer to pay the price of land demanded by the owner, but predicts that he will ultimately pay the price, is not entitled to commissions where the owner af...
-Sec. 472. Knowledge By Broker That Principal Owns But Part Of The Property Offered, Does Not Defeat His Commissions
A broker's right to commissions for procuring a purchaser for land under an agreement therefor, is not affected by the fact that he knew the principal had title to only five-sixths of the land. Martin...
-Sec. 473. Litigation Instituted By Third Persons Does Not Defeat The Broker's Right To Commissions
A broker is entitled to commissions where a purchaser was obtained through his agency, the agreement for sale and purchase being complete, and only prevented from consummation by litigation instituted...
-Sec. 474. Methods Of Earning .commissions By Broker
There are at least three different methods of earning commissions under an agency for the sale of real estate (1) by effecting a binding contract of sale, under authority given to the agent to make a ...
-Sec. 474a. A Broker Employed To Sell Real Estate Is Not Required To Prepare A Contract Of Purchase
A broker employed to sell real estate is not required to prepare a contract of purchase. Brackenridge v. Claridge, 42 S. W. 1005, 91 Tex. 527; O'Connell v. Casey, 92 N. E. 804, 206 Mass. 520. ...
-Sec. 475. Broker Who Merely Brings The Parties Together Is A Middleman, And May Recover From Each
If the broker merely brings together two parties who desire to exchange or sell their lands, and his employment then ends, and the parties themselves settle the terms of the transaction, he is a mere ...
-Sec. 476. Sale Of Mine By Broker, Not Within Description, Not Entitled To Commissions
An agreement providing that defendant should pay the plaintiff a certain commission on any sale made through him, or to pay the same percentage on any sale made through a certain bond or agreement ma...
-Sec. 476a. Broker Not Performing Contract Who Produces Contract To Buy Asking For Abstract Additional
An agreement by a purchaser to purchase if abstracts showed title to the satisfaction of the purchasers therein, is not a performance of the broker's agreement to sell, specifying the terms, which mad...
-Sec. 477. Modification Of Contract, Not Assented To By Broker, Does Not Affect Commissions
Defendant's agreement to pay plaintiff a certain amount for furnishing a purchaser for land is not revoked by defendant's statement to plaintiff, after furnishing the name of one who afterwards became...
-Sec. 477a. When Told Of Prospective Purchaser By Broker, Owner May Then Raise The Price
When land was listed with broker at a certain net price, and broker showed the land one morning to a party who showed an interest at the listed price, and made an appointment to return in the afternoo...
-Sec. 478. Modification Of Contract By Owner In Broker's Presence Did Not Affect Commissions
The fact that the terms of a sale of realty, as stated to the broker, were modified by the owners as to the commissions, in the broker's presence, and the purchaser's proposal as to the method of paym...
-Sec. 479. Modification Of Contract By Broker Performing Other Services Modifies Right To Commissions
Where a broker's duty is not merely to procure a purchaser, but to perform some other agreed services, within a reasonable time or within a limited time, the general rule as to what is required of him...
-Sec. 479a. Owner Must Satisfy Broker's Right To Commission In The One Of Two Methods Left To Exercise
Where a contract for a real estate agent's commission reserved to the principal a choice between two methods of satisfaction, and he disables himself from adopting one, he must adopt the other. Avery ...
-Sec. 480. Broker Agreeing To Accept Corporate Stock For Commissions, Not Entitled To Recover In Money
Where, by the contract in regard to a sale of property, a broker arranges with all the parties that the compensation shall be paid in certain stock of a company to be formed by him and others to buy t...
-Sec. 481. Net Price To Owner, Does Not Entitle Broker To Excess
A real estate broker to sell land for a certain net price is not entitled, in the absence of a contract therefor, to the excess over such price that he may obtain for the land. Snow v. McFarlane, 51 I...
-Sec. 482. Net Price To Owner, Broker Selling Thereat Not Entitled To Any Commission
A broker was orally employed to procure a purchaser of a farm within five days, at a price which should net the owner $11,000 and the broker $875; thereafter the broker stated in writing that any arra...
-Chapter VII
483. Net price to owner and note for excess to broker - On vendor's refusal broker entitled to commission. 484. Net price, broker entitled to excess from first payment made. 485. Where owner ...
-Sec. 483. Net Price To Owner And Note For Excess To Broker, On Vendor's Refusal Broker Entitled To Commissions
Defendant employed plaintiff to effect a sale of his land so as to yield $2,500. plaintiff to receive as compensation all she could obtain above that sum; she procured a purchaser for $2,880, $2,500 t...
-Sec. 483a. Broker Not Entitled To Commission When To Be Paid By Purchaser Who Defaulted
Owners of land gave brokers notes in payment for services payable only out of the money to be paid by W., purchaser, or his assigns. The contract between owner and purchaser provided that on default o...
-Sec. 484. Net Price, Broker Entitled To Excess From First Payment Made
Where a land-owner employed a broker to sell land on an understanding that he should have as his commissions anything that could be obtained over a specified price, the broker was entitled to his comm...
-Sec. 485. Where The Owner Changed The Contract From Gross To Net Price Liable To Broker For Commissions
Plaintiff procured a contract authorizing him to sell defendant's timber land on a five per cent. commission, and, having found a purchaser, presented to defendant for his signature an option giving t...
-Sec. 486. Broker's Commissions Computed On Actual Amount Received
An agent who agreed to sell a farm for two per cent. on a certain amount, and three per cent. on all received in excess of that amount, is not entitled to commissions on the value of part of a crop wh...
-Sec. 487. Failing To Disclose That Nominal Is Not The Real Purchaser Does Not Defeat The Broker's Commissions
A mere failure to disclose to the principal that the nominal purchaser is not the real purchaser does not amount to a fraud to deprive the broker of commissions. Veasey v. Carson, 177 Mass. 117, 58 N....
-Sec. 487a. Liability To Broker For Commissions Depends Upon The Real Parties To The Bargain
Liability to a broker for commissions is not dependent upon what parties formally entered into the written contract of sale offered to, or negotiated in by, the principal, but wholly upon who constitu...
-Sec. 488. Broker Entitled To Commissions Where Non-Per-. Formance Of Contract Not Occasioned By His Fault
A broker is entitled to a commission where the customer found by him and the principal enter into an enforceable contract of purchase or sale, although one or both of the parties refuse to comply with...
-Sec. 489. Where Neither Principal Nor Broker Effecting Sale Had Notice Of Other Broker's Negotiations, He Is Not Entitled To Commissions
Where neither the principal nor the broker effecting the sale had notice of former negotiations with the other broker the latter is not entitled to a commission, especially where she failed to bring t...
-Sec. 489a. Direct Sale By Owner To Unknown Broker's Customer Defeats Latter's Right To Commission
Under broker's contract to find a cash purchaser of property, price to be determined by negotiations between owner and buyer, where sale was made directly by owner, but not on cash terms, broker is no...
-Sec. 490. Principal Selling Before Expiration Of Time Given Broker, Without Notice, Broker Entitled To Commissions
A broker is entitled to commissions where the principal sells before the expiration of the agency, without giving the broker notice of the sale. Woodall v. Foster, 91 Tenn. 195, 18 S. W. 241; Cadigan ...
-Sec. 491. Reporting Offer Of $16,000 Instead Of $15,000 Did Not Deprive Broker Of Commission
The fact that a broker reports to his principal that an offer of $16,000 for the land has been made instead of $15,000, does not affect his right to a commission where, as a result of his negotiations...
-Sec. 492. Oral Contract To Sell Land, Followed By Written Contract, Entitles The Broker To Commissions
Rev. Stat. 1899, See. 3418, provides that no contract for the sale of lands made by an agent shall be binding on the principal unless the agent is authorized in writing to make the contract. Held, tha...
-Sec. 492a. Specific Contract Supersedes Prior Indefinite Contract Of Agency
A contract employing a broker to procure a purchased for a specified sum held to supersede a prior contract indefinite in terms. Arizona Parrall Mining Co. v. Forbes, 146 P. 504, 16 Ariz. 395. ...
-Sec. 492b. Parol Contract Can Not Take Property Out Of Hands Of Broker Held Under Written One
A parol agreement between the owner and the broker held to preclude the taking of the property out of the hands of the agent as provided in a former written instrument. Shadwick v. Smith, 143 S. W. 10...
-Sec. 492c. Broker's Specific Written Contract Supersedes Ordinary Rule As To Payment Of Commissions
Written agreement between a broker and the owner as to the amount and payment of his commission; held, to supersede the ordinary rule that a broker earns his commission when he procures the execution ...
-Sec. 493. Broker Entitled To Commissions For Sale Of Four Houses, Not Entitled To Proportionate Amount For One
Where a broker is entitled to a commission of one-third of the excess above a certain amount realized on a sale of four houses, he is not entitled to a proportionate amount on the sale of only one hou...
-Sec. 493a. Broker Entitled To Commission For Sale Of House On Installments
A broker employed to sell a house on installments is entitled to his commission upon procuring one ready to enter into an option contract with owner, and penalty of forfeiture in case of nonperformanc...
-Sec. 494. Broker Entitled To Commissions For A Sale Of Lots, Not Entitled To Same Rate For A Large Body Of The Land
A contract to pay a certain commission on a sale of lots at a fixed price out of a body of land, does not entitle the agent to a commission at the same rate for a large body of the land. Louisville Bd...
-Sec. 495. Broker Promised Commissions For Selling Part, Entitled To The Same Rate For Selling All
Where defendant agreed to pay plaintiff for his services one-half of the proceeds of the sale of two mining claims, but in the sale of these, with others, the interests are not separately valued, the ...
-Sec. 496. Broker Who Failed To Sell All, Entitled To Commissions On Sale Of Part By Owner To His Customer
Where a broker was employed to sell a whole tract of land, or a part thereof, and after negotiating the broker failed to make a sale and an attempt was made to discharge him; but he continued his neg...
-Sec. 496a. Broker Employed To Sell Entire Tract Of Land Must Do So To Earn Commission
A contract consisting of letters engaging real estate brokers to find a purchaser for land, in consideration for which they were to receive all of the price received in excess of $10 per acre, constru...
-Sec. 496b. On Owner Wrongfully Terminating Contract To Sell Entire Tract, Broker Entitled To Value Of Services Rendered
Where defendant, without right, terminated a contract providing for closing of each sale as made, but not entitling plaintiffs to compensation unless they sold the entire tract, plaintiffs held entitl...
-Sec. 496c. Selling In Different Acreage Portions From That Prescribed Barred Broker Of Commission
Where a broker was only authorized to sell the entire tract, or a certain specified part thereof, he could not recover commissions upon selling a part of the tract of a different acreage than that whi...
-Sec. 496d. Broker Entitled To Commissions When Three-Fourths Of Collections Enough To Pay Them
Under a real estate brokerage contract giving the broker a commission of 20% of the list price and one-half of the overage on the prices obtained above the list price, broker is entitled to his full c...
-Sec. 497. Share Of Profits On Sale Through Sub-Agent Not Defeated By Unfair Dealing Of Latter
Where plaintiff, who was the sales agent for certain property, authorized defendant to sell the same, and agreed to divide the profits with him, any unfair dealing on defendant's part with plaintiff's...
-Sec. 497a. Broker Entitled To Share Of Profits On Re-Sale Of Land Purchased
Agreement that defendant was to have one-third of profits on resale of land purchased by plaintiff, held, complied with, where defendant looked after property, and was helpful in negotiations resultin...
-Sec. 498. Commissions Payable On Sale, And Not On Collection Of Deferred Payments
Where a vendor instructed his agent that he would take $15 per acre for his part of the land, and accepted the terms of a sale for part cash and part in deferred payments, with security, the agents' c...
-Sec. 498a. Agreement By Broker To Wait For Commission Until Owner Sold Farm Held To Mean For A Reasonable Time
An agreement by a broker to take his client's note for his commission, and wait for its payment until the client sold the farm received in exchange, was merely an agreement to wait for a reasonable ti...
-Sec. 499. Commissions Are Due When Contract Is Made With Purchaser Produced By Broker
Real estate commissions become due and payable when the broker has produced a purchaser with whom the owner entered into a valid and enforceable contract. Dennis v. Walters, 123 I11. App. 93. Where a...
-Sec. 499a. Broker's Commissions Are Earned When Contract Of Exchange Is Executed
Where a broker is employed to effect an exchange of property. he earns his commission when the contract of exchange is executed. RohKohl v. Sussmann, 113 N. Y. S. 586, 61 Misc. 246. See also Sec. 449....
-Sec. 499b. Commission Not Due Until Actual Transfer Made
A note evidencing the commission to be paid to plaintiff for procuring a purchaser for defendant's land was directed to plaintiff and signed and delivered by the defendant. It provided that if the dea...
-Sec. 499c. Owner Who Refused To Convey Land Liable To Broker For Commission, Though Date Of Settlement Fixed As Time Of Payment
A vendor of land who agreed to pay real estate brokers their commission on the day of settlement, but refused to convey, is liable, though a date of settlement was fixed by the contract. Rauchwanger v...
-Sec. 499d. When Lease Not Executed, Broker Barred Commission Under His Contract
In an action for brokers' commissions for furnishing tenants, that the defendant refused to execute a lease, a contract between defendant and the brokers that they should not be entitled to commission...
-Sec. 499e. Where Contract Provided Purchaser Should Pay Broker's Commission, On Owner's Breach, Latter Not Liable Therefor
Where a contract between the broker and the owner specified that the purchaser should pay broker's commissions, the broker could not recover commissions from the owner, under the contract, though he r...
-Sec. 499f. Where Broker Guilty Of Fraud Or Misrepresentation, Defeating Sale, Not Entitled To Commission
Where a broker is engaged to procure a purchaser for defendant's premises, and defendant enters into mutual contract with the purchaser so procured, the broker's commission is earned, as a general rul...
-Sec. 499g. Broker Entitled To Commission Although Agreement Contemplated Execution Of A Further Contract
Vendor's broker is entitled to commissions, where prospective purchaser executes valid contract of purchase, although such agreement contemplated that it would be followed by another contract. Karahad...
-Sec. 499h. Although Contract Provided For Payment Of Commissions As Purchaser Paid, On Breach, All Became Due
Where broker's contract with owner provideo for payment of commissions pro rata as purchase price was paid, broker is entitled to entire commission upon cancellation of owner's contract with purchaser...
-Chapter VIII
500. Broker entitled to commissions on actual payment by defaulting vendee. 500a. Broker limited to commissions on $1,000, although property later sold for $12,500. 501. Broker's right to ...
-Sec. 500. Broker Entitled To Commissions On Actual Payments By Defaulting Vendee
The owner of land authorized a broker to make a sale thereof, commissions to be paid out of the payments as made, and a letter in setting forth the terms of sale provided that on default by the purc...
-Sec. 500a. Broker Limited To Commissions On $1,000, Although Property Later Sold For $12,500
Plaintiff negotiated a lease of lands belonging to W., under a verbal contract whereby he was to receive a commission of one-third the rent per annum. Before the expiration of the lease W. died, and t...
-Sec. 501. Broker's Right To Commissions Not Defeated Because To Be Paid From Purchase Money
A broker may recover a commission of his principal, although the sale made is not consummated, if it fails solely on account of a defect in the vendor's title of which the broker was neither notified ...
-Sec. 502. Principal Liable For Commissions On Sale To Customer At Lower Price, Unless A Fixed Price Required
Where a principal makes a sale to a purchaser found by the broker, having availed himself fo the broker's services, he is liable for the commission, although the sale is made at a lower price than tha...
-Sec. 503. Where Principal Agreed To Pay Commissions Upon Receipt Of Price, Broker Not Entitled Before
The principal agreed to pay the broker a commission for selling land when the vendees paid a certain sum and gave their note and mortgage for the balance, the vendees executed their note but never pai...
-Sec. 503a. Broker Not Entitled To Commission For Contract To Purchase Differing As To Deferred Payments
Where brokers were authorized to sell lands under an agreement which provided that deferred payments should be secured by a deed of trust on the entire premises, they are not entitled to commission fo...
-Sec. 504. Commissions Are Usually Payable Upon Completion Of The Transaction
A real estate broker is entitled to the commissions agreed on for the successful negotiation of an exchange of property placed in his hands, if the terms of the exchange are accepted by the owner, as ...
-Sec. 505. Broker Entitled To Commissions Although Purchaser Pays More Than He Authorized Broker To Offer
Where the principal tried to get the broker to negotiate a trade of his land for a house, stating that he was willing to give $1,000 boot, and would give plaintiff $100 if the trade was consummated an...
-Sec. 506. Where Purchaser Defaulted Broker Entitled To Commissions On Actual Payments
A receiver of an insolvent bank employed the services of an agent to effect a sale of certain realty which he held in right of the bank, agreeing that the agent should receive ten per cent. commission...
-Sec. 507. Cases Where Plaintiff Was Held Not To Be The Procuring Cause Of Sale, And Not Entitled To Commissions
Hallyday v. Southern Farm Agency, 100 Md. 294, 59 A. 646; Wood v. Burton, 47 N. Y. S. 184, 21 Misc. 326; Burd v. Webster, 128 Wis. 118, 107 N. W. 23; Goff v. Hurst (Ky. Ct. App. '09), 122 S. W. 148; F...
-Sec. 507a. Broker Who Is The Procuring Cause Of Sale Entitled To Commission
That owner of land negotiated with purchaser of land before agent approached such purchaser would not bar the agent's right to commission if he was, in fact, the procuring cause of the sale. Rowland v...
-Sec. 508. Where Sale Frustrated Through Failure To Partition, Broker Entitled To Commissions
Defendant authorized plaintiff, a real estate broker, to sell land, and through him a contract of sale to W. was made of a definite number of acres, eighteen of which were to be made up by defendant's...
-Sec. 509. Partial Performance Entitles Broker To Recover Neither On Contract Nor On Quantum Meruit
Where a petition by a broker to recover commissions counted on an express contract by defendant to pay a certain price, if plaintiff obtained a purchaser for the entire tract of timber land, etc., and...
-Sec. 510. Agent In Charge Of Real Estate, Securing Responsible Tenant, Entitled To Recover On A Quantum Meruit
A complaint alleged that plaintiffs were employed to take charge of defendant's real estate, as agent to rent the same and collect the rents; that they performed their part of the contract by procurin...
-Sec. 511. On Principal Selling, Broker Could Recover For Services On A Quantum Meruit
Where, after defendant had employed plaintiff to sell certain standing timber at specified price and terms, he availed himself of plaintiff's services and sold the timber to an employe of the person w...
-Sec. 512. Principal Selling For Less Than Agreed Price, Broker Entitled To Recover On A Quantum Meruit
An agent under a contract with his principal was to receive all in excess of a stipulated price for which certain timber sold, provided he obtained a purchaser at a price considerably in excess of the...
-Sec. 513. In The Absence Of An Express Contract Broker Procuring A Purchaser May Recover On A Quantum Meruit
A broker to procure a purchaser for real estate is entitled to such commissions as are usual for procuring a purchaser for property of similar character and value, unless a different compensation is a...
-Sec. 513a. In Absence Of Fixed Rate, Measure Of Broker's Compensation The Value Of The Service Rendered
Upon a suit by a broker to recover ordinary commissions for effecting the sale of a colliery, it appeared that commissions ranged from five to twenty-five per cent. Held, in the absence of evidence of...
-Sec. 514. Demand By Broker For $10,000 To Release Lien Defeated His Right To Commissions
Complainant's agent executed an agreement in her name, without her authority, giving defendant the exclusive right to purchase or sell a farm for a period of one year for $20,000, and in case defendan...
-Sec. 514a. Owner Entitled To Counterclaim For Expenses Of Suit To Remove Cloud On Title Caused By Broker Recording Contract Breached By His Misrepresentations
If a broker suing for a commission for negotiating a contract to exchange land, which was repudiated by defendant principal, induced the defendant to execute contract through fraudulent misrepresentat...
-Sec. 515. First Broker Held To Have The Right To Commissions By Second's Relinquishment
Where M., who was to receive a commission for a sale of B.'s land, turned over the sale of the land to L., agreeing that L. should have the commissions therefor, to which B. consented before a sale wa...
-Sec. 515a. Waiver Of Variance In Contract By Acquiescence
Though the taking of notes payable on or before maturity was a technical variation from authority to sell on time at a specified rate of interest, the vendor waived his right when, on seeking time for...
-Sec. 515b. Owner Accepting Purchaser Waived Requirement From Broker As To Financial Ability
Broker not required to prove that his purchasers were ready, willing and able to buy, where defendants, on receiving notice of the sales, wrote plaintiff and the proposed purchasers confirming the sam...
-Sec. 515c. Broker Must Prove Financial Ability Of Purchaser, And Ordinarily This Is Not Waived By Owner's Acceptance
Broker must procure a purchaser able and ready to comply with the terms of sale, and where no contract is made there is no waiver of this condition though the owner accepts the purchaser, unless he ha...
-Sec. 515d. Broker, To Recover Commission, Must Show That Variance In Purchaser's Contract Was Waived By Owner
Where a contract of sale consummated by a broker did not conform to the enlistment contract, the broker is not entitled to recover, unless he can show that the departure from the enlistment was waived...
-Sec. 515e. Where Owner Paid Second Broker For Furnishing Purchaser, First Having Waived His Rights, Latter Not Entitled To Recover
Where one realty broker, with whom land was listed, turned a second broker over to the owner, with the statement that such second broker was his associate, and that any arrangement made with him would...
-Sec. 515f. Waiver By Party To Exchange That Other Party Should Assume Mortgage On Former's Premises
A requirement of defendant's offer to exchange lands made to brokers that the other party should assume a mortgage was waived, where the other party only agreed to take the property subject to the mor...
-Sec. 516. If Authority To Secure A Purchaser Is Revocable, Broker Finding After Barred Commissions
By the statement of a real estate owner to a broker that if the latter or any one else could secure a purchaser for the land by a certain date, on terms specified, the land might go, gives the broker ...
-Sec. 517. If The Customer Reserves The Right To Withdraw From The Transaction If Title Bad, If Exercised, Bars Commissions
If the customer reserves the privilege to withdraw from the transaction, in case he finds, upon examination, that the title is bad, the broker is not entitled to a commission upon the customer's refus...
-Sec. 517a. On Breach Of Contract To Exchange Lands, Broker Can Not Recover From Wrongdoer The Commission Agreed To Be Paid By Other Party
Where a broker employed by defendant and a third person to exchange their respective lands, induced them to enter into a valid contract for an exchange, and defendant was financially able to carry out...
-Sec. 518. Unless Exclusive Rival Broker Not Entitled To Commissions On Sale By The Other
Unless real estate brokers had the exclusive right to make a sale of certain property, they were not entitled to a commission if the sale was made by some one else, even though they secured a purchase...
-Sec. 519. Broker And Sub-Agent Stand In Similar Relation As To Compensation As Do Principal And Agent
A real estate broker and his sub-agent stand relatively in the same position, with reference to the right to compensation, as do the principal and the broker. Leonard v. Roberts, 20 Colo. 88, 36 P. 88...
-Sec. 520. Sub-Agent Entitled To Share In Commissions Though He Violated Instructions
The fact that a sub-agent in his first negotiations with the customer violates the instructions of the owner to the agent by asking more than the price fixed, will not estop him from claiming a share ...
-Sec. 520a. Broker Liable To Sub-Agent Though Property On Sale Found Not To Belong To Vendor
A real estate broker employed to sell land, who agrees to pay another broker a commission, if he procures a purchaser therefor, is liable for the commission if a purchaser is procured, though he after...
-Chapter IX
521. Sub-agent entitled to commission for sale made after revocation of authority. 522. Sub-agent denied recovery of unlawful commissions. 523. Typical casea in which the subagent was held entitled ...
-Sec. 521. Sub-Agent Entitled To Commission For Sale Made After Revocation Of Authority
Where the owner of real property employed an agent to find a purchaser therefor, and the latter, within the scope of his authority, but without the owner's knowledge, employed a broker for the same pu...
-Sec. 522. Sub-Agent Denied Recovery Of Unlawful Commissions
A broker procured a customer for another broker, with the understanding that the latter should charge for procuring a loan of money at a rate prohibited by statute, and that such commissions should be...
-Sec. 523. Typical Cases In Which The Sub-Agent Was Held Entitled To Recover Share Of Commissions
The owner of certain real estate of one hundred acres in extent placed the same in the hands of defendants with authority to sell it for him at the rate of $4,000 per acre; that thereafter defendants ...
-Sec. 523a. Contract Between Agent And Sub-Agent Need Not Be In Writing
Cobbey's Ann. Stat. 1911, Sec. 10856, requiring contracts of employment of brokers to sell land to be in writing; held, not to apply to contract between agent and sub-agent. Reasoner v. Yates, 134 N. ...
-Sec. 524. Sub-Agent Not Entitled To Recover Of His Principal For Sale Made At Reduced Price
A broker for the sale of lands who agreed to pay other brokers a certain sum out of his own commissions, if they sold at a certain price, but who had no interest in the land, as such brokers knew, is ...
-Sec. 525. Sub-Agent Entitled To Commissions, Though He Failed To Give The Name Of Purchaser
Where, in an action on a contract for division of broker's commissions, there was evidence that defendant sold the property to the purchaser secured by plaintiff, in accordance with the contract betwe...
-Sec. 526. Broker Selling To Railroad Instead Of To Syndicate Entitled To Commissions
A broker who is promised a commission for selling a street car line to a certain syndicate is entitled to a commission on effecting such sale to a railroad company organized by the syndicate, and the ...
-Sec. 527. Broker Entitled To Commissions Though Sale Other Than That Contemplated
To secover on a contract providing for payment for services for promoting the sale of a street railway, on the conclusion of any trade with the prospective vendee, it is immaterial that the trade fi...
-Sec. 528. Broker's Right To Commissions Not Affected By Owners' Suppositions
The fact that defendant sold to a person who he thought was purchasing for himself and not for the church, does not affect plaintiff's right to his commissions, where, after learning that the purchase...
-Sec. 529. Broker's Erroneous Advice As To Liability For Sewer Tax Defeated Right To Commissions
A broker was employed to procure a purchaser of real estate; he procured a purchaser who contracted for the purchase thereof; the owner executed a warranty deed conveying the premises to the purchaser...
-Sec. 530. Broker Failing To Name Purchaser In Telegram To Principal Does Not Defeat Commissions
Where a broker employed to the effect a sale has found a purchaser willing to buy upon the terms named, and of sufficient responsibility, he is entitled to the commissions, although in the telegram an...
-Sec. 530a. Broker Entitled To Compensation, Though He Did Not Disclose To Principal Buyer's Name
A realty broker who is the procuring cause of his principal's sale of realty is entitled to the agreed compensation, though he did not disclose the name of the prospective purchaser to his principal, ...
-Sec. 531. Where Vendor Sought To Vary Terms, And Purchaser Refused To Take, Broker Entitled To Commissions
Evidence in an action for broker's commissions held sufficient to show that he procured a purchaser on the terms named by defendant, and that the purchaser refused to enter into a contract because def...
-Sec. 532. Broker Entitled To Commissions On Bringing Parties Together, Though They Contract On Different Terms
A land owner can not avail himself of the services of an agent who procured a purchaser, to effect a sale himself to such purchaser, and thereby deprive the agent of his commissions, nor can he merely...
-Sec. 532a. Broker Contracting For Commission On List Price Entitled To Same Rate On Greatly Reduced Price
Where broker was to receive a commission of 2 1/2% on a sale of property for $250,000, he was entitled, when through his efforts the property was sold for $210,000, to 2 1/2% commission on the latter ...
-Sec. 533. On Making A Sale Defect In The Title Does Not Deprive The Broker Of Right To Commissions
A broker employed to effect a sale or lease of property, or employed to effect a loan on the security of real estate, who acts in good faith, is entitled to the commission, although the transaction fa...
-Sec. 534. Where Customer Exercises Right To Withdraw If Title Defective, Broker Barred Commissions
It has been held that if a customer reserves the privilege to withdraw from the transaction in case he finds the title defective upon examination, the broker is not entitled to commissions upon the re...
-Sec. 535. Where Broker Is To Have Part Of The Profits On The Sale, Not Entitled Where It Fails By Defect In Title
Where a broker agrees to sell land upon condition that the owner shall first make $500 out of the sale, the broker to have the rest of the profit as his commissions, he is not entitled to the commissi...
-Sec. 536. Payment Of Commissions To Broker May Depend On The Transfer Of Title
Where a broker's commissions were not to be paid for until and unless title passed and the purchaser failed to complete his purchase, no right to commissions accrued. Fittichauer v. Van Wyck, 92 N, Y....
-Sec. 536a. Broker's Compensation Due On Breach By Vendor Although Postponed By Contract Till Title Passed
Where a real estate broker agreed that compensation should be paid when title passed, that stipulation merely fixed the time for the payment of commission, and the broker's right to the same could not...
-Sec. 537. Broker Not Entitled To Commissions Where Customer Refused To Complete Purchase On Account Of A Supposed Defect In The Title
A land agent is not entitled to commissions or compensation for procuring a purchaser of a plantation, where it is shown that the intended purchaser declined to complete the contract, without fault or...
-Sec. 538. Whether Principal Or Another Holds The Title, Broker On Producing Buyer Entitled To Commissions
Where one employs a real estate agent to find a purchaser for property which he represents as his own, and on the agent producing a purchaser ready, able and willing to pay the price, refuses to compl...
-Sec. 539. Where Sale Defeated By Want Of Title, Which He Knew, Broker Barred Commissions
Where the broker knew that the principal held only a mortgagee's interest in the property, and might not be able to obtain title by foreclosure, the broker could not recover commissions for negotiatio...
-Sec. 540. Ignorance Of Contract By Holder Of Record Title Did Not Defeat Broker's Right To Commissions
Where defendant, having an option on land, put it in the hands of plaintiffs, real estate agents, to trade, and they traded it with one who, as well as defendant, to the knowledge of both, had agreed ...
-Sec. 541. Where Broker Produced A Purchaser And A Sale Failed By A Dispute Over Taxes, Broker Barred Commissions
A broker is not entitled to commissions for procuring a purchaser of land, where the principal and the proposed purchaser failed to consummate the sale because of a dispute over taxes. Guthman v. Meye...
-Sec. 542. After Memorandum Contract Signed, And Purchaser Refused To Pay Water Tax, Broker Entitled To Commissions
Defendant employed plaintiff to procure a purchaser for certain property at a specified price; plaintiff secured a purchaser at the price: defendant received a payment down and signed a memorandum, ex...
-Sec. 543. Unavailing Efforts To Perform Do Not Entitle A Broker To Commissions
A broker is entitled to no compensation unless a bargain be effected, and even in that event has no claim for reimbursement of his expenses. Didem v. Duralde, 2 Rob. (La.) 163; Sherburne Land Co. v. E...
-Sec. 544. To Entitle A Broker To Commissions For A Sale His Negotiations Must Be Uninterrupted
To entitle a broker to commissions, where the contract concluded differs from that which the broker was authorized to negotiate, the negotiations commenced by the broker must have continued uninterrup...
-Sec. 545. Undisclosed Agreement To Divide Commissions With Purchaser, Does Not Bar Broker's Right Thereto
An agreement by real estate agents to divide their commissions with the purchaser of land, made without the knowledge of their principal, does not affect their right to recover the commissions which s...
-Chapter X
546. Broker not entitled to commissions until he has performed his undertaking. 546a. In some States reasonable compensation may be recovered for partial performance of an entire contract. 547. ...
-Sec. 546. Broker Not Entitled To Commissions Until He Has Performed His Undertaking
A broker is not entitled to compensation until he has performed his undertaking. Ivy Coal Co. v. Long, 139 Ala. 535, 36 So. 722; Manby v. Turner, 13 Colo. App. 358, 57 P. 862; Cos-ton v. Quimby, 178 M...
-Sec. 546a. In Some States Recovery May Be Had For Partial Performance Of An Entire Contract In An Action For Reasonable Compensation Therefor
In some States the doctrine of quantum meruit prevails to recover on failure to perform an entire contract the reasonable value of the services rendered - Michigan, Iowa, Nebraska, Kansas, Texas, Indi...
-Sec. 547. Broker Not Entitled To Commissions For Procuring Contract Subject To Approval Which Is Withheld
A broker is not entitled to a commission, where he procures a contract between the parties subject to approval, and that approval has been withheld. Halprine v. Schachne, 54 N. Y. S. 1103, 25 Misc. 79...
-Sec. 547a. Broker Entitled To Commission On Alternative Contract, Which Did Not Bind The Buyer, Even Although He Approved The Title
That the agreement with the broker was in the alternative, and did not bind the buyer to buy even if he approved the title, would not defeat the broker's right to compensation, since it was the fact t...
-Sec. 548. Broker Obtaining Purchaser For Vested Remainder On Different Terms Barred Commissions
Where plaintiff was employed to sell a vested remainder owned by defendant for $55,000 net to the defendant, the purchaser to receive $175,000 if the life tenant should live less than ten years, and $...
-Sec. 549. Broker Does Not Earn Commissions If Contract To Be Void If First Payment Fails
A broker employed to effect a sale does not earn his commissions by procuring one who enters into a contract with the principal which provides that the contract shall be void if the first of several p...
-Sec. 549a. Broker Acquiring Interest In Purchase And Contract Beyond Authority, The Same Is Void
Where brokers in executing a contract for the sale of land did not follow their instructions contained in the option contract between themselves and the owner, and also contracted with the purchaser f...
-Sec. 550. Variance As To Name Of Ranch Sold Did Not Deprive Broker Of Right To Recover Commissions
Where the plaintiff, in an action by a broker to recover commissions, set out in haec verba the written contract, which spoke of the land as the Abbey Ranch, the fact that the plaintiff showed where...
-Sec. 551. Broker Not Entitled To Commissions For Contract Too Vague For Enforcement On Failure Of Customer To Take
A real estate broker employed to sell property procured from a prospective purchaser the following signed memorandum: I authorize Mr. M. to offer $220,000 for Mr. K.'s house, corner of Sixty-fourth a...
-Sec. 552. Withdrawal Of Land From Sale Entitled Broker, Under Contract, To Compensation
By the terms of the contract of employment between the owners of land and a broker, commissions became due upon withdrawal of the property from sale within a certain time. Held, that the notice recite...
-Sec. 553. Withdrawal And Sale By Owner In Good Faith To Customer Bars Broker's Commissions
A real estate broker is not entitled to commissions on a sale of property by the owner, after he has in good faith withdrawn it from the hands of the broker, at a time when no negotiations are pending...
-Sec. 554. Principal Paying Commissions To Broker Before Purchaser Withdrawing Can Not Recover Same
Where a principal pays a broker his commission before the purchaser withdraws from the transaction, the broker being entitled thereto will retain the same. Moore v. Irvin (Ark. Sup. '09), 116 S. W. 66...
-Sec. 554a. Owner Allowed Recovery Of Withheld Money From Brokers Barred Recovery Of Commissions Paid
Where an owner is permitted to recover from her brokers the amount they realized from an undisclosed offer above the amount of contract price, she can not also recover the commissions paid. Baldwin v....
-Sec. 555. Broker Entitled To Commissions Where Sale Failed Because Rights Of Two Heirs Were Not Acquired
Where a sale of land negotiated by plaintiff for defendant failed because the record did not show that the defendant had acquired the alleged outstanding interests of two heirs in the land, plaintiff...
-Sec. 556. Where Purchaser Is In Default, Broker Not Entitled To Commissions
A contract for the purchase of real estate provided that the same should be void, at the will of the vendor, if default should be made by the vendee in completing the purchase by making the future cas...
-Sec. 557. When Commissions Are Earned By Broker
Where an agent, given authority to sell land, exercises his discretion as to price, examines the title, and fixes the price and terms, he may employ a real estate broker to find a purchaser, and a sal...
-Sec. 557. When Commissions Are Earned By Broker. Part 2
Under a contract providing for the payment of commissions at the date of the payment of the purchase price, or in installments acording to payments by said purchaser, the broker was entitled to hi...
-Sec. 557. When Commissions Are Earned By Broker. Part 3
108 N. W. 291; Peet v. Sherwood, 47 Minn. 347, 50 N. W. 241, 929; Rothschild v. Burritt, 47 Minn. 28, 49 N. W. 393; Annabil v. Traverse Law Co. (Minn. Sup. '09), 121 N. W. 233; Huba-check v. Hazard, 8...
-Sec. 557. When Commissions Are Earned By Broker. Part 4
Where the owner of property placed it with a real estate broker for sale, who accordingly advertised it, and the purchaser thus derived information that the property was for sale, and afterwards negot...
-Sec. 558. When Commissions Are Not Earned By Broker
Ordinarily a broker is not entitled to commissions for performing services which by the local custom are rendered gratuitously. Courey v. Hoover, 10 La. Ann. 437. If a broker employed to negotiate a l...
-Sec. 558. When Commissions Are Not Earned By Broker. Continued
Where a vendor employs a broker to effect a sale of land, and, relying wholly on the broker does not exercise his own judgment as to the responsibility of a purchaser found and presented by the broker...
-Part V. Pleadings, Practice And Judicial Constructions And Interpretations. Chapter I
559. Doctrine of public policy. 560. Acquiescence and waiver and effect upon brokers' rights. 561. Advertising and advertisements. 562. Accord and satisfaction. 563. Breach of contract. 564. ...
-Sec. 559. Doctrine Of Public Policy
Plaintiff entered into a contract with defendants whereby he was to have a certain commission for furnishing a purchaser for their mine; he furnished a purchaser, a sale was made, and defendant refuse...
-Sec. 560. Acquiescence And Waiver, And Effect Upon Broker's Rights
Where the vendor and a proposed purchaser disagree as to the terms of sale, and the broker, who is present, acquiesces in the inability of the parties to complete the contract, and the owner afterwar...
-Sec. 561. Advertising And Advertisements
In a contract to pay for the services of a real estate broker in showing and advertising land, the term advertising must be construed as meaning the publication of a notice in a newspaper, or othe...
-Sec. 562. Accord And Satisfaction
Where there was a bona fide contention between a broker and his principal as to whether the broker should be charged with the loss of a certain sum, and the broker retains and uses a check from the pr...
-Sec. 563. Breach Of Contract
If a sale of land by the owner effects a breach of the contract with the agent, an action by the latter should be based on such breach, and not on a performance of the contract. Metzer v. Wyatt, 41 I1...
-Sec. 564. Correspondence
Where a firm of real estate agents sends a letter to a land owner enclosing their business card and informing him what the business of the firm is, and also inquiring whether the land is in the market...
-Sec. 565. Advances
The fact that a broker employed to sell land advanced the price to the purchaser did not make him the purchaser's agent. Goodson v. Embleton, 106 Mo. App. 77, 80 S. W. 22; Lawson v. Thompson, 10 Utah,...
-Sec. 566. The Borrower
A company which is to receive a commission from the borrower for procuring a loan, and which makes out all the papers without knowing from whom the loan is to be obtained, and before submitting them t...
-Sec. 567. Acceptances
Where one wrote across a draft accepted in the name of his principal, by himself as agent, but which acceptance, though authorized in fact, did not in law bind the principal, it was held that unless...
-Sec. 568. Conformity
Where the owner, on being informed by the broker that he has sold the land refuses to convey, without objecting to all the terms of the sale, such conduct is some evidence that the sale conformed to t...
-Sec. 569. Costs
Where plaintiff, when she sued to compel specific performance of a contract to convey land, made by defendant with her assignor, knew who.owned the property at the time the defendant undertook to cont...
-Sec. 570. Conditions Precedent To Right To Commissions
A proviso in a broker's contract that commission shall be payable out of the first cash payment is not a condition precedent to the broker's right to recover his commissions, and does not mean that un...
-Chapter II
571. Courts. 572. Equity. 573. Exceptions. 574. Forgery. 575. Loan payable in gold. 576. Licenses. 577. Limitations and restrictions. 578. Broker acting as a mere middleman. 578a. Broker ...
-Sec. 571. Courts
Contracts with brokers for the sale of real property are presumptively entered into in good faith, and it is the province of the courts, in administering the law as to such contracts, to carefully pro...
-Sec. 572. Equity
A court of equity will not enforce against the owner of land a contract of sale made by his agent under authority given six years before, where the land has greatly appreciated in value meantime, and ...
-Sec. 572. Equity. Continued
Where plaintiff's brokers fraudulently secured title to certain real estate belonging to plaintiff and incumbered it, plaintiff was entitled to have the incumbrance cancelled and the title restored. M...
-Sec. 574. Forgery
The treasurer of a charitable corporation, without authority, took railroad bonds registered in the name of the corporation, to a broker for sale; the broker refused to handle the bonds unless they we...
-Sec. 575. Loan Payable In Gold
Where plaintiffs were employed by defendants to procure for them a loan on a mortgage on land, and the loan was not made solely because the lender found insisted on a clause in the mortgage that the ...
-Sec. 576. Licenses
In the absence of evidence to the contrary, that the plaintiff was licensed to act as a broker will always be presumed. Munson v. Fenno, 87 I11. App. 655; Shapler v. Scott, 85 Pa. St. 329. It is the ...
-Sec. 577. Limitations And Restrictions
Where the contract of employment limits the same to the sale of certain property, it must be made to appear that the property sold was within the description. Maze v. Gordon, 96 Cal. 61, 30 P. 962. W...
-Sec. 578. Broker Acting As A Mere Middleman
If the broker acts as a mere middleman, and finds a purchaser at the price fixed, it is immaterial that each party to the transaction was ignorant of the broker's employment by the other party. Montro...
-Sec. 578a. Broker Masquerading As A Middleman Who Acquires Interests Adverse To Owner Forfeits Commissions, And Must Account For ILL-Gotten Gains
Where an agent stands in the situation of a mere middleman, not having undertaken to act as agent for either party or to exercise his skill, knowledge or influence, but merely to bring the parties tog...
-Sec. 579. Unless Mistake Be Pleaded And Proved Each Purchaser Bound For The Whole Commission
Where a title bond is executed to several joint purchasers, each is bound for the whole commission payable to one who has assisted them in making the purchase, unless a mistake in the writing is plead...
-Sec. 580. Notice Immediated Terminating Agency Means In A Reasonable Time
Where the contract was that if defendant by himself or through any of his agents sold the property, defendant was to give plaintiff immediate notice of that fact, the meaning, taken in connection with...
-Sec. 580a. The Word "Able" In Statute Held To Mean "Financially Able"
The word able as used in Civil Code 1910, Sec. 3587, which provides that the broker's commissions are earned when, during the agency, he finds a purchaser ready, able and willing to buy, etc., means...
-Sec. 581. Principal May Remain Neutral As To The Claims Of
several brokers. Where several brokers are openly employed to sell real property, the entire duty of the seller is performed by remaining neutral between them and he has a right to make the sale to a...
-Sec. 582. A Proposition Is Not Proved Until Inconsistent With The Negative
Upon an issue whether the owner of real estate during the continuance of an option given upon it, offered to sell it to another party at less than the option price, a statement made by such party to a...
-Sec. 583. Parol Contract Entered Into By Agent In His Own Name Binds Unnamed Principal
An agent can, by parol contract entered into in his own name, bind a principal whose name does not appear in the instrument executed in pursuance thereof. So held, in an action by executors to recover...
-Sec. 583a. Contracts Between Brokers To Share Commissions For Services Exempted From Being In Writing
While Civil Code, Sec. 1624, requiring agreements employing brokers to buy or sell real estate for hire to be in writing, does not extend to agreements between brokers to co-operate in making sales fo...
-Sec. 584. Contract Of Broker To Share In Profits For Making Sales Of A Partnership
Where a real estate agent has a written contract with the owner of land to put it upon the market, advertise and sell the same, having for his interest only a share in the surplus profits arising from...
-Sec. 584a. Brokers Not Meeting Earlier Demands Not Precluded Thereby From Sharing In Profits When Paying Share Of Note When Due
Where real estate agents gave their note for the purchase price of land, and agreed to share the profits arising from its resale, the failure of some of the agents to meet their share of the note befo...
-Sec. 585. Contract To Pay Broker A Commission On Withdrawing Land From Sale Strictly Construed
A provision in a real estate broker's contract for commissions for a sale of land, that the owner might withdraw the land from the market or raise the price on paying to the broker two per cent. of th...
-Sec. 586. In Trying To Effect A Sale Of Real Estate Party Has The Right To Extravagantly Extol
A party in trying to effect a sale has the legal right to puff the property in the most extravagant manner and exalt its value to the highest point his antagonist's credulity will bear. Tuck v. Downin...
-Chapter III
587. Quantum meruit. 588. Broker has right of action against defaulting purchaser for lost commissions. 588a. Broker's right to recover from vendee price paid for property purchased for him. 589. ...
-Sec. 587. Quantum Meruit
If plaintiff declares on an express contract, but fails to prove it, in most jurisdictions he is not entitled to recover on a quantum meruit. Emery v. Atlanta R. E. Ex., 88 Ga. 321, 14 S. E. 556; Hamm...
-Sec. 588. Broker Has A Right Of Action Against Defaulting Purchaser For Lost Commissions
A real estate broker may sue the purchaser who employed him and who has refused to carry out his contract with the vendor, whereby the broker has lost his right to a commission, and this, although he ...
-Sec. 588a. Broker's Right To Recover From Vendee Price Paid For Property Purchased For Him
Where a broker purchases property, without disclosing the name of his principal, he becomes liable personally for the price, and he can collect such price from his principal, unless the latter can sho...
-Sec. 590. Statute Of Frauds
A contract for the purchase or sale of lands for another, not being for the sale of land but for personal services, will not be offensive to the statute of frauds, because not in writing. Ivy Coal Co....
-Sec. 590. Statute Of Frauds. Continued
A modification of a written contract employing a broker to procure a purchaser of real estate for $5,000, at a commission of five per cent., by authorizing the broker to sell for $4,500, is material, ...
-Sec. 591. Real Estate Agent Not Liable For Failure To Remove Snow From Sidewalk
Real estate agents, whose agency is restricted to the collection of rents of property or the soliciting and submission of offers to purchase, are not within the meaning of an act of Congress requiring...
-Sec. 592. Seals, And The Necessity For Their Use
A real estate agent whose authority is first put in writing in a contract for a sale between the vendor and vendee which is not under seal, can not recover commissions for the sale. Alpern v. Klein (N...
-Sec. 593. When Tender Of Written Agreement By Purchaser Not Necessary
The broker is not obliged to cause the party willing to purchase to tender to the seller a written agreement to that effect. Cook v. Kroemeke, 4 Daly (N. Y.), 268. ...
-Sec. 594. Employment Of Broker To Measure Land Does Not Sustain Claim Of Broker For Selling
Evidence that testator employed claimant, a real estate broker, to procure persons to go on certain premises, measure them and look at them, for the purpose of inducing the tenant to believe that they...
-Sec. 595. Where Title Taken By Broker To Land Purchased, Principal May Tender Amount And Demand Deed
Where a broker acting for his principal has taken the title to land purchased in his own name, the principal, on tendering the amount paid for the land and an amount sufficient to compensate the agent...
-Sec. 596. When Not Necessary For Broker To Show Vendor Had A Clear Title
Where defendant did not base his refusal to carry out an agreement to purchase property upon any invalidity of the owner's title, it was not necessary for the broker, in suing for the commissions for ...
-Sec. 596a. Broker Entitled To Commission Under Contract Upon Corporate Employer Acquiring Title To Land
Where a contract employing brokers to purchase in entire allotments, providing for commissions on corporation securing title through some other source, the brokers' commissions were earned on the corp...
-Sec. 596b. Marketable Title In Fee Simple Necessary To Give Broker Right To Commission, In Absence Of Binding Contract With Purchaser
A marketable title in fee simple to property desired to be purchased by a principal is necessary to sustain a broker's claim for commissions, when the purchaser has not entered into a binding contract...
-Sec. 597. Contract Of Sale Requiring Owner To Furnish Abstract Of Title Not Within Authority Of Broker
Where, in an action by a broker for commissions in procuring a purchaser for a tract of land, it appeared that the contract of employment only fixed the price, and that the broker executed a contract...
-Sec. 598. A Custom Or Usage Must Be General Before A Court Will Declare Its Existence As A Matter Of Law
The existence of a custom or usage to the effect that the broker shall be entitled to commissions in the event that his principal declines to complete the transaction negotiated, will not be declared ...
-Sec. 599. Where A Usage Is Proved, The Law Raises A Presumption That The Agent Contracted With Reference Thereto
Where the evidence adduced is sufficient to prove that the usage among real estate agents is general, the law raises a presumption that the agent knew the usage and contracted with reference to it. Ca...
-Sec. 600. Unconstitutionality Of Statute Requiring Contract Employing Broker To Be In Writing
Penal Code providing that in cities of the first and second class any person offering for sale real property without written authority shall be guilty of a misdemeanor, is unconstitutional, as imprope...
-Sec. 601. Undisclosed Principal
Plaintiffs, as brokers, entered into a contract for the purchase from defendant of certain bonds, claiming to act for an undisclosed principal and stipulating that they should in no manner be held lia...
-Sec. 601a. Postal Card Insufficient Under Statute To Constitute Contract For Broker's Commissions
A postal card describing property offered for sale, and stating the terms of sale, though signed by the broker to whom it was addressed, was not a valid contract within the Nebraska statute, which req...
-Sec. 602. Where Broker Must Be Authorized In Writing, Contract Without Unenforceable
Revised Statutes 1899, Sec. 3418, providing that no contract for the sale of lands made by an agent shall be binding on the principal unless the agent is authorized in writing to make such contract, H...
-Sec. 602a. Manner In Which Written Contracts With Real Estate Brokers Employed To Sell Real Estate Should Be Construed And Enforced
Laws of 1905, p. 110, c. 58, requiring an agreement employing a real estate broker to be written, should be enforced as designed to prevent vendors and purchasers from being defrauded by brokers wrong...
-Sec. 602b. Broker Entitled To Commission When Owner And Customer Reach An Agreement
Broker entitled to commissions when his customer reaches an agreement with the owner as to terms of sale, though agreement not reduced to writing and signed by the parties. Arnold v. Schmeidler, 129 N...
-Sec. 602c. Broker Entitled To Commission On Sale On Contract Held A Contract To Sell And Not Of Agency
A contract by A. to give B. the exclusive sale of land for ninety days and to execute deed either to B. or persons to whom he might sell, B. to take any land remaining after the expiration of such tim...
-Sec. 602d. Contract Signed By One, And Later By All Tenants In Common, Held Sufficient For Broker's Commissions
Under statute of frauds (2 Comp. Stat. 1910, p. 2617), Sec. 10, providing that a broker selling land is not entitled to a commission unless the employment is in writing, where the contract for employm...
-Sec. 602e. Contract Of Employment Must Be In Writing, Whether Broker Or Middleman
Under Civil Code, Sec. 1624, subd. 6, requiring real estate employment contracts to be in writing, there is no distinction between a middleman and an agent as applied to real estate brokers. Ryan v. W...
-Sec. 603. Broker Can Not Recover Commissions Where Contract Unenforceable
A real estate agent can not base a claim for commissions on a contract of sale which, because of its incompleteness, can not be enforced. Bradford v. Menard, 35 Minn. 197; Mason v. Small, 130 Mo. App....
-Sec. 603a. Contract Of Employment To Purchase Land Not Required To Be In Writing
Defendant employed plaintiff to negotiate with the owner of land for its purchase by defendant, at a price fixed by him. This plaintiff accomplished. In an action to recover for services rendered unde...
-Sec. 604. Contract By Unlicensed Broker Not Absolutely Void
Under the Code requiring a license to practice the business of a broker, and imposing a penalty for the violation thereof, a contract of an unlicensed real estate broker to sell real estate for anothe...
-Sec. 605. Agreement To Hire Auctioneer To Sell Land Need Not Be In Writing
Plaintiff was employed by defendant to advertise property for sale at auction, and secured an auctioneer and took charge of the sale; after plaintiff had advertised the property and secured an auction...
-Sec. 606. Memoranda Held Insufficient To Meet The Requirements Of The Statute Of Frauds
Ballinger's Acts and Statutes, Sec. 4576, provides that an agreement authorizing or employing a broker to sell or purchase real estate for compensation or commission shall be void unless the contract ...
-Sec. 607. Statute Of Limitations
Where a broker sold certain property under a contract by which the purchaser leased the same for a term of years with an option to purchase, which option was exercised December 31, 1902, the broker's ...
-Sec. 608. Rival Brokers
One of several independent brokers employed to procure a purchaser must produce a customer of his own, and not one then sustaining that relation to another of the brokers, and when he is first in nego...
-Sec. 609. If Purchaser Willing To Perform, Statute Of Frauds Not Available To Defeat Broker's Commissions
A real estate broker, in order to recover commissions, must show either a consummation of the sale or the obtaining of a purchaser; the mere fact, however, that the contract was within the statute of ...
-Sec. 610. Reasonable Price Inferred By Law
Where a contract for the sale of land between the owner and a couple of real estate agents provides that the owner shall fix its selling price, the law infers that it shall fix a reasonable price, and...
-Sec. 611. What Is A Reasonable Time Must Be Determined By The
facts and circumstances in each case. In determining what constitutes a reasonable time within which a real estate broker employed to procure a purchaser for a farm must procure a purchaser in order ...
-Sec. 612. Broker's Employment Continues For A Reasonable Time
Where, at the time a broker was employed to sell real estate, no period was agreed on during which the agency should continue, it continued for a reasonable time after the employment, in view of all t...
-Sec. 612a. Owner Allowed Reasonable Time After Purchaser Procured To Prepare Abstract, Deed, Etc
Owner held entitled, after production of purchaser by broker, to reasonable time in which to make deed, prepare abstract, correct any correctible defects therein, and not liable for commissions if the...
-Sec. 612b. Broker's Contract Of Employment Required Owner To Designate Tracts And Fix Prices And Terms Within A Reasonable Time
Under contract of broker with landowner providing that owner designate tracts, and fix prices and terms, the owner must do this in a reasonable time. Daugherty v. Smith, 192 S. W. 1131, - Tex. Civ. Ap...
-Sec. 612c. Favorable Reply Of Owner To Broker's Inquiry Bound Former For Reasonable Time For Broker To Find A Purchaser
An owner of real estate is not bound for an indefinite period by his favorable reply to an inquiry as to the price of such real estate, made to a broker who agrees to furnish a prospective purchaser. ...
-Sec. 612d. Broker's Contract Of Employment In March Held Not Ended In August
Where owner of real estate in March made an exclusive agency agreement for its sale, without limit excepting reservation to terminate on thirty days' notice; held, that the contract had not expired in...
-Sec. 613. Contract To Pay Plaintiff $1,000,000 If Defendant Bought Railroad Bound Him Only For A Reasonable Time
Where plaintiff alleged that defendant agreed to pay him $1,000,000 for information and services relating to the prospective purchase of a railroad, in case the defendant purchased the same or became ...
-Sec. 614. Reasonable Time Immaterial Where Broker Finds Purchaser While Employed
Where a broker finds a purchaser at the seller's terms while still employed, the reasonableness of the time which he has taken to do so is immaterial. Moore v. Boehm, 91 N. Y. S. 125, 45 Misc. 622; Te...
-Sec. 614a. When Six Months Not Unreasonable Delay In Accepting Broker's Offer For Finding A Purchaser
Unreasonable delay in accepting an offer to pay a broker a commission for procuring a purchaser for land, by a letter dated Oct. 19, 1907, is not shown because acceptance was deferred until the spring...
-Sec. 615. In The Absence Of An Express Agreement The Reasonable Value Of The Services May Be Recovered By Broker
Where a real estate agent renders services in procuring a purchaser for land, with the owner's consent but without any agreement for the payment of a certain sum for such services, the agent is entitl...
-Sec. 616. Reasonable Compensation
What is a fair and reasonable compensation depends upon the amount allowed for such services by custom or usage locally prevailing among brokers. Hartman v. Warner, 75 Conn. 197, 52 A. 719; Williams v...
-Sec. 617. Not Necessary For Broker To Put Defendant In Default Before Suing For Fees
Where, after giving plaintiff a power of attorney to act as agent for the sale of defendant's real estate, plaintiff and a prospective buyer had started to meet the defendant at the property in anoth...
-Sec. 618. Ratification Not Shown By Acquiescence Without Knowledge
In an action by a broker to recover commissions for making a sale, defendant's acquiescence in plaintiff's statement that plaintiff had secured a loan for a prospective purchaser did not fairly justif...
-Sec. 618a. Reply Of Owner Which Did Not Amount To A Ratification
A contract of sale executed by one having authority only to find a purchaser, and containing provisions not referred to in his letter to the owner that he had an offer of purchase on certain terms and...
-Sec. 618b. When Knowledge Of Broker Withheld From Purchaser Did Not Bind Latter
The knowledge of a real estate broker, acting as the agent of the owner of land, as to whether certain buildings on the land sold were to be excepted, does not bind the purchasers. Alexander v. Anders...
-Sec. 619. Ratification By Acceptance Of Offer Made To Broker
The acceptance by a vendor of land of an offer actually made to a broker, and the consummation of sale on such terms, is a ratification of the broker's act, and entitles him to his commissions. Levy v...
-Sec. 620. Ratification Cures Defect In Agent's Appointment
An owner verbally authorized an agent to offer real estate for sale; the agent, in the name of the principal, gave a broker written authority to procure a purchaser for the land; the owner subsequentl...
-Sec. 620a. Sufficient Allegation Of Ratification
In an action for commissions claimed to have been earned by the purchase of land for defendant, where the latter claimed that plaintiff acted in violation of his agency by paying a higher price per ac...
-Sec. 621. Ratification Of Agent's Appointment By Principal Executing Contract With Purchaser
Where a contract to purchase land is presented to the vendor, signed by the purchaser, it is for the vendor to decide whether the purchase is acceptable, and if he then executes the contract himself, ...
-Sec. 622. Ratification By Acceptance Of The Proceeds
A brother and sister were tenants in common of a tract of land, which the principal employed an agent to sell; the agent procured a purchaser and wrote to the brother a letter containing the terms of ...
-Sec. 623. To Constitute Ratification Of The Act Of Attorney, Knowledge On Part Of Principal Immaterial
Where one authorizes an attorney in fact, by power duly signed and acknowledged, to make a certain contract for the purchase of land with certain parties, and of a certain date, and subsequently ratin...
-Sec. 624. It Is An Essential Prerequisite To Ratification That The Principal Had Knowledge Of Unauthorized Contract
A signature to an agreement for the sale of land made for another without authority, may be by him adopted and ratified so as to be of the same force as if made by authority antecedently given, and su...
-Sec. 624a. Sale By Owner's Son At Reduced Price To Broker's Customer Barred Broker's Commission
Where a broker, with authority to sell land at $60,000, secured an offer by C. of $42,000, and a reduction by the owner to $48,000, but could not effect a sale, and the owner's son, with knowledge, so...
-Sec. 625. Tender Not Necessary To Entitle Broker To Recover On Principal's Refusing Purchaser
Where a broker obtained a purchaser who in good faith offered to buy at defendant's price, a formal tender of the price was not necessary until defendant evinced some disposition to accept it, in orde...
-Chapter IV
626. Custom or usage. 626a. Custom insufficient to supply lack of employment as broker. 627. Defendant cannot object where evidence shows sale for less than broker claims. 628. Presumptions. 629. ...
-Sec. 626. Custom Or Usage
A custom that did not require purchasers of land to pay cash, although the terms of sale were for cash payments, will not sustain a contract of sale made by a real estate agent which violated an instr...
-Sec. 626a. Custom Insufficient To Supply Lack Of Employment As Broker
The existence of a custom to the effect that when brokers negotiate a lease of real property the lessor pays the commission, can not fasten on a property owner any liability as the employer of the bro...
-Sec. 627. Defendant Can Not Object Where Evidence Shows Sale For Less Than Broker Claims
In an action for commissions for selling land, where the petition alleges that the tract contained thirty-five acres and that the purchaser agreed to purchase it for the sum of $200 per acre, and in ...
-Sec. 628. Presumptions
Any one dealing with a person whom he knows to be a broker may be presumed to know, from the nature of the broker's business, that he is acting as agent for some third person. Baxter v. Doren, 29 Mo. ...
-Sec. 629. Assumpsit
An innocent vendor can not be sued in tort for the fraud of his agent in effecting a sale; in such a case the vendee may rescind the contract and reclaim the money paid, and if not repaid may sue the ...
-Sec. 630. Actions Between Principals And Agents
An action by a broker for his commissions will not lie until it is shown that he has effected or contracted a sale of the property; unsuccessful efforts, however meritorious, afford no ground of actio...
-Sec. 631. Common Counts
Under Burns' Rev. Stat. 1901, Sec. 6629a, providing that no contract for the payment of any sum of money for commissions for procuring by one person of a purchaser of real estate of another shall be v...
-Sec. 632. Petition - Ultimate Facts To Be Proved Must Be Pleaded
Plaintiff must plead the ultimate facts upon which he relies for a recovery else he can not prove them. Burnett v. Edling, 19 Tex. Civ. App. 711, 48 S. W. 775. To entitle him to recover commissions on...
-Sec. 632a. Petitions In Actions To Recover Commissions
An action by a real estate broker for commissions will not lie until he has effected or procured a sale. Mueller v. Bell (Tex. Civ. App. '09), 117 S. W. 993. (Compare, when employed to procure at purc...
-Sec. 632b. When Right Of Action For Commissions Accrues To A Broker
A petition by a broker for commissions for effecting a sale or exchange of property must allege a contract of employment, and a demurrer was sustained by reason of its failing to do so. Toole v. Baer,...
-Sec. 632c. In Action For Division Of Commission, Broker, Without Agreement, Could Not Enforce Payment
Where in an exchange of real estate the owners paid commissions to the brokers with whom each dealt, but the brokers disputed the division of the amount, and an action between them was brought to dete...
-Sec. 632d. Broker Entitled To Recover Commission For Loan When He Shows He Procured Person Able And Willing To Lend
In an action by a broker for commissions for placing a mortgage, it is sufficient to show a request for the service and a tender to prove complete performance, if he shows that he procured a person wh...
-Sec. 632e. Petition Failing To Show Broker Procured Purchaser Able, Etc., Or Breach By Seller, Subject To Demurrer
In a suit for commissions on a sale of land, a petition failing to disclose that plaintiff procured a purchaser ready, able and willing to buy, or that defendant interfered with the sale, or delayed i...
-Sec. 633. Petition Alleging Failure To Exchange Defective In Alleging Contract For Purchaser, No Breach
Where a petition alleged a failure of the defendant to make an exchange of property procured by the plaintiff, it was held defective in alleging a contract to procure a purchaser, with an implied cont...
-Sec. 633a. In Action Between Brokers, Facts Which Stated A Cause Of Action
A petition alleging that plaintiff became associated with defendant firm as a real estate broker, with an agreement that he should receive all commissions earned by the firm on property procured by hi...
-Sec. 634. Petition Alleging Sales To Persons Defective For Failure To Give Names, Etc
A petition by an agent to sell land to recover damages for refusal of the owner to execute deeds to purchasers, which alleges a contract by him to various persons who were ready and able to buy the la...
-Sec. 635. Petition Alleging Deed Of Trust Defendant Refused To Release Defeating Sale, Not Defective
A petition which alleged that the sale failed because of an unsatisfied deed of trust on the property, which the defendant failed to release or have cancelled, is not defective in failing to allege th...
-Sec. 635a. Complaint Not Objectionable For Failing To Show That Plaintiff Found A Purchaser On Terms Offered By Mortgagee
A complaint alleged that a mortgage foreclosure on land was compromised by the mortgagor conveying his title to the mortgagee, and in consideration the mortgagee delivered a contract giving the mortga...
-Sec. 636. Petition That Broker Was To Have All Over A Certain Sum, Not Breached By Owner Selling At Net Price
Where a petition alleged that plaintiffs were employed to sell defendant's land, that they were to have all they could obtain for it over a certain sum, and that they offered it to one who purchased i...
-Sec. 636a. When Proper To Withdraw Case From The Jury And Enter A Judgment Of Dismissal
Where it appears from the record that counsel for plaintiff, in the statement of the case to the jury, stated in detail all the evidence that plaintiff proposed to offer in support of the allegations ...
-Sec. 637. Petition Declaring On Express Contract, On Failure To Prove May Recover On Promise To Pay Certain Per Cent
Although the plaintiff declared on an express contract to pay him all that he could sell a tract of land for over a certain sum, he may recover on the further allegation of an express promise of defen...
-Sec. 637a. Necessary Allegations And Proof To Enable Broker To Recover Commissions For Effecting A Sale Or Exchange
Under a written agreement of a land owner to pay a broker a certain sum if he would send or cause to be sent to the land owner a person with whom the latter may see fit and proper to effect a sale or...
-Sec. 637b. Petition Sufficiently Setting Out Contract With Firm Of Real Estate Brokers To Sell Land
The petition of C, K. & B. alleging that plaintiffs are a real estate firm, that defendant placed land in the hands of C. & K. to sell, and agreed to pay them a commission for selling it, that they so...
-Sec. 638. Petition, Plaintiff Can Not Recover On Proof Of Contract Substituted For That Sued On
Plaintiff can not recover on proof of a contract other than that declared on. Daley v. Russ, 86 Cal. 114, 24 P. 867; Kidman v. Garrison, 122 Iowa, 215, 97 N. W. 1078; Jones v. Pendleton, 134 Mich. 460...
-Sec. 639. Petition, Failing To Prove Agreed Compensation, Recovery Of Reasonable Value May Be Had
It has been held on a petition to recover an alleged agreed compensation for services as broker, a recovery may be had on proof of the reasonable value of the services, and the variance may be disrega...
-Sec. 640. Petition Alleging Plaintiff Acted As Broker, Secured Purchaser, Defendant Refused Deed, Good Against Demurrer
A complaint alleged that plaintiff acted as broker for defendant and secured a purchaser for his land, but that defendant refused to make a deed therefor, and that plaintiff was entitled to his commis...
-Sec. 640a. Petition For Commissions Not Demurrable For Failing To Allege Customer Was Ready, Able And Willing To Purchase
In an action by brokers on a contract whereby they agreed to procure for defendant a customer for her property at a specified price, a complaint alleging a compliance with the contract by plaintiffs w...
-Sec. 641. Petition, On Contract To Pay If Sale Made By Owner, Agent May Recover Without Showing Performance
Defendant made complainant his agent to sell certain lands, the agency to continue for six months, unless sooner terminated by a sale; defendant reserved the right to sell the land himself, in which c...
-Sec. 641a. Broker's Action For Commission For Breach Of Defendant's Contract Therefor Did Not Need To Allege Fraud
Realty brokers' petition based on violation of defendant's contract to pay commission, and not upon fraud of defendant in trying to cover up sale to. third person, did not have to allege fraud. Luzzad...
-Sec. 642. Petition To Recover Money Broker Refuses To Pay Need Not Allege He Had Authority To Collect
Where, in an action against a broker who had effected a sale of plaintiff's land, the petition alleged that defendant received from the purchaser a sum of money for the use of plaintiff and retained i...
-Sec. 642a. Broker Held Not Liable To Pay To Principal Money Refunded To Purchaser On Rejected Contract Of Sale
Plaintiffs authorized defendant to sell land for them, no terms being stated in the agreement, at a certain price within five days, agreeing to pay as commission whatever the land brought over the pri...
-Sec. 642b. Broker Receiving Money For His Principal Not Liable
to repay on suit by party entitled thereto. An agent receiving money for his principal in pursuance of a valid authority without fraud, duress or mistake, is not liable to an action in behalf of the ...
-Sec. 642c. Circumstances Under Which Party Entitled To Money May Sue The Agent For Its Recovery
Where money was paid to an agent on a purchase of land, under circumstances showing bad faith, as where it was the design of the vendor to put upon the purchaser a defective title, the latter is entit...
-Sec. 643. Petition Alleging Sale By Owner Ending Contract Demurrable For Failure To Allege Sale By Agent
Defendant listed certain property with plaintiff for sale under a contract providing that when the land was sold, or when plaintiff performed its part of the contract defendant was to pay five per cen...
-Sec. 644. Petition Alleging Notice Of Double Employment And Defendant Consented, Not Demurrable
Where, in an action on a broker's contract for the sale of real estate, he alleged that after undertaking the sale for defendant he reported to him that he had a purchaser who had offered him $5,000 i...
-Sec. 645. Petition Which Alleged Bringing Parties Into Touch, Etc., Insufficient
A petition praying for judgment for $2,000, alleged that defendant, being the owner of land, employed plaintiff, agreeing to pay him all over 4,000 that could be realized in a sale of the land; that p...
-Sec. 646. Petition Alleging Services Which Defendant Accepted, Good By Promise To Pay
In an action by a real estate agent to recover commissions for selling property, an allegation in the petition that the services were performed for the defendant with his consent, and that he accept...
-Sec. 647. Petition Failing To Show Written Contract, Alleged
benefits to defendant immaterial. Where a petition, in an action by a real estate agent to recover commissions, fails to show a written contract as required by statute, the fact that the plaintiff all...
-Sec. 649. Petition For Commissions On Passing Of Title Defective In Not Showing Acts Or Omissions Of Defendant
A complaint for broker's commissions under a contract whereby defendant agreed that in consideration of plaintiff's procuring a contract to be made with E. for the purchase of certain land of defendan...
-Sec. 649a. Petition Which Failed To State Cause Of Action
A contract between the owner of real estate and a broker provided that on a sale under a certain option, which had been given, a commission should be paid to the broker, of which one-third should be t...
-Sec. 649b. Broker's Failure To State Performance Of Contract Stated No Cause Of Action
In an action to recover broker's commission, plaintiff alleged that he was employed to find a purchaser for the lease, furniture and good will of a hotel for the sum of $16,000, for a commission of 5%...
-Sec. 650. Petition For Procuring Tenant Who Purchased, Bad For Not Alleging Employment To Make Sale
A complaint, in an action by a broker for commissions for procuring a purchaser for real estate, alleged that he procured a tenant for defendant for certain premises; that a lease for a specific numbe...
-Sec. 650a. Complaint Defective For Failure To Properly State Contract Of Employment
Complaint alleging that defendant and a third party, through efforts of plaintiff as broker, entered into a written agreement for exchange of certain property, as shown in the annexed copy, in which d...
-Sec. 651. Petition Alleging Agreement To Pay All Over A Certain Sum As Commissions On Sale Is Sufficient
In an action by a real estate broker, the plaintiff alleged that defendant employed him to obtain for defendant a purchaser for a certain piece of property, agreeing with plaintiff that he should be p...
-Sec. 652. Petition For Commissions For Selling Bonds Defective, Should Aver Evil Repute Rendered Sales Impossible
Plaintiff sued to recover commissions for selling bonds in Germany; the plaintiff alleged that the sale was not completed because the prospectus furnished by defendant contained false statements; that...
-Sec. 653. Petition For Commissions Out Of Last Cash Payment Must Aver Such Payment
Where a broker's contract for commissions provided that the amount sued for was payable out of the last cash payment, such payment constituted a condition precedent to any liability on defendant's par...
-Sec. 653a. Petition For Commission From Funds Collected Must Aver Same Was Adequate For The Purpose
A promise to pay a broker commission out of a specified fund to be collected by him is enforceable only on allegation and proof that the fund named is adequate for the payment demanded. Columbia Realt...
-Sec. 654. Petition Not Alleging Agreement Stated Was Made Does Not State A Cause Of Action
Plaintiff sued to recover commissions for effecting an exchange of property; the contract provided that the property conveyed by one of the parties was to be subject to a mortgage as by agreement to b...
-Sec. 655. Petition Asking Judgment For Excess Over Net Price, On Refusal To Sell, Demurrable
An owner of certain realty listed it for sale with brokers, and agreed that he would sell the property so listed for a given sum net to him; the broker procured a purchaser able, willing and ready to ...
-Sec. 656. Petition Sufficient Without Alleging Sale For The Purpose Of Defrauding Plaintiff
The petition of a broker for commissions, alleging the creation of an agency for the sale of land, that defendant authorized plaintiff to sell it for a certain amount, agreeing to pay him a fair per c...
-Sec. 656a. Petition Held Not Defective As Alleging A Contract In Violation Of Broker's Duty
Defendant B., with whom G. had listed land for sale, learning that plaintiff desired to purchase it, requested to be permitted to make the sale, and informed plaintiff that he had G. bound to sell the...
-Sec. 656b. Petition Against Broker For Fraud In Exchange Of Land
A petition alleging the relation of principal and broker, and charging the broker with fraud whereby the principal contracted for exchange of property, to get rid of which he had to expend and obligat...
-Sec. 656c. Petitions Held Demurrable
A count of a petition in an action on a written contract to pay a commission on a sale of land, which contract provided for a sale within 90 days, is demurrable, where it does not aver performance wit...
-Sec. 656d. Petitions Held Sufficient
A broker's declaration for commissions alleging that he procured a purchaser, and that the owner refused to consummate the sale, is not insufficient for failure to allege that the owner was advised wh...
-Sec. 656e. Parties To Actions
In an action by brokers for commission for leasing landlord's theater to tenant, because the evidence showed brokers' agent was to get part of the commission, did not require his being made a party pl...
-Chapter V
657. Interpleader, when allowed. 658. Interpleader, when not entitled thereto. 659. Demurrer lies to petition against broker for failure of title, when. 660. Demurrer lies to allegation that ...
-Sec. 657. Interpleader, When Allowed
Where two brokers claim the commissions for the same sale of land an interpleader will be awarded at defendant's instance. Dreyer v. Rauch, 3 Daly (N. Y.), 434, 42 How, Pr. 22; Shipman v. Scott, 12 Ci...
-Sec. 658. Interpleader, When Not Entitled Thereto
In an action by a broker against his principal for a commission on an alleged sale of land made by plaintiff for defendant, the latter is not entitled to file an answer in the nature of a bill of inte...
-Sec. 659. Demurrer Lies To Petition Against Broker For Failure Of Title When
In an action against a real estate agent for failure to examine the title of land purchased by him for plaintiff, the plaintiff alleged that the grantor had mortgaged the land and other land, and that...
-Sec. 660. Demurrer Lies To Allegation That Defendant Neglected To Collect Rents
In an action against an agent to recover for rents collected by him, and for damages for failure to collect rents, an allegation that defendant has neglected said business, and hence has failed to co...
-Sec. 661. Demurrer Lies To Petition Where Only Partial Copies Of Letters Constituting Contract Are Given
Where a petition sets forth letters alleged to have been written by the parties, and to have created the necessary written contract between the owner of the land and the broker, but does not purport t...
-Sec. 662. Demurrer Sustained Where Plaintiff Sought To Recover For Loss Of Commissions From Opposite Party
A complaint alleged employment by defendant as broker to exchange real estate, the offer of defendant's property under defendant's instructions, and acceptance of such offer, the notification of defen...
-Sec. 663. Demurrer To Answer Lies For Not Showing Modification Of Written Contract
A complaint alleged that defendant agreed in writing to pay plaintiff $300 if plaintiff would obtain a loan of $3,000, and that plaintiff had fully performed; the answer alleged that defendant informe...
-Sec. 664. In Nebraska, Demurrer Lies To Petition Not Showing Agent's Appointment Was In Writing
In an action to recover compensation for services rendered as a real estate broker, a petition which discloses on its face that the contract of agency was not in writing is open to attack by demurrer....
-Sec. 665. Demurrer Held Improperly Sustained In Action To Recover Commissions Paid Recreant Agent
In an action by a principal against his agent to recover in part certain commissions alleged to have been erroneously paid, where, on an answer and counterclaim for the balance, the original action is...
-Sec. 665a. Demurrer To The Evidence And General Demurrers
In an action for compensation for attempting to procure a loan, inconsistency in plaintiffs testimony; held, not to authorize sustaining a demurrer to the evidence. Little v. Liggett, 121 P. 1125, 86 ...
-Sec. 666. Motion To Dismiss Held Properly Denied
In an action by a real estate broker, the complaint was made to set forth two causes of action; the first alleged that the contract between the parties provided for a commission for leasing and a comm...
-Sec. 666a. Motion Which Should Have Been Granted
Where a broker, suing for a commission for effecting a sale of defendant's farm containing about 125 acres, proves only a contract to find a certain other purchaser for 100 acres thereof, defendant's ...
-Sec. 667. Amendment To Set Up Unconscionable Demand Refused
In an action to recover $4,000, the residue of $7,600 brokerage for negotiating a loan of $4,000 for four months, the evidence did not support the allegations of the complaint, and the plaintiff was n...
-Sec. 667a. Waiver By Failure To Object To Amended Answer
If a party fails to object to the granting of general leave to amend, he can not subsequently have the amendment stricken out because setting up an unconscionable defense. State v. Rodney, 1 Houst. (D...
-Chapter VI. Sec. 668. Amendment, Proper To Allow To Plead General Denial, Where Answer Set Up Statute Of Frauds
Where the answer alleged that the contract of employment was oral, and barred and invalid by the provisions of a statute declaring that contracts for the employment of an agent to sell real estate ...
-Sec. 669. Amendment Allowing Correction Of Written Contract Does Not Cause A Departure
Where the identity of the transaction on which plaintiffs based their claim to a judgment against the defendant and the form of the action as one sounding in contract were preserved in the amended pet...
-Sec. 670. Amendment, When Error To Refuse
Where the court voluntarily permits a broker suing for commissions to amend his complaint to show an assignment to him of a claim for commissions by A., it is error to refuse to allow him to amend for...
-Sec. 671. Amendment, Error To Allow To Allege Exercise Of Option And Completion Of Sale
Where, in an action for commissions for a broker's services in the sale of a mine, a non-suit was granted, by reason of the fact that the option to purchase, negotiated by the broker, had not matured...
-Sec. 672. Amendment To Answer Held Improper And Misleading
On the trial of a cause the defendant obtained leave to amend his answer by alleging that after making the sales named they (plaintiffs) complained that the prices were too high as named by defendant...
-Sec. 673. Amendment Of Complaint At Trial, In Furtherance Of Justice, Held Proper
In an action for a division of broker's commissions, it was proper to permit plaintiff to amend his complaint at the trial by inserting an allegation that defendant was the agent of a certain corporat...
-Sec. 674. Amendment Properly Allowed Plaintiff To Claim Return Of Commissions For Fraud
In their original petition plaintiffs alleged that defendants engaged to sell plaintiffs' land at $4,000, for a commission of $125, but if only $3,900 could be obtained the commission should be $100; ...
-Chapter VII. Defenses. Sec. 675. That Broker Did Not Use Best Efforts Insufficient
An answer does not state a defense which admits the contract, and alleges that the broker did not use his best efforts and act in good faith, but fraudulently induced the defendant to agree to an exch...
-Sec. 676. Setting Up Violation Of Law As To License Insufficient
An answer setting up the violation of a foreign statute requiring brokers to take out a license was held insufficient to show that the petition was founded on a criminal offense, or that the broker's ...
-Sec. 677. Affirmative Defense Not Pleaded Can Not Be Proved
An affirmative defense to be proved must be pleaded. Kelly v. Stone, 94 Iowa, 316, 62 N. W. 842; Scott v. Dillon, 109 N. Y. S. 877, 58 Misc. 522; Mauser v. Hurdle, 140 P. 479, 27 Colo. App 567; Langst...
-Sec. 678. Defense That Plaintiff Also Acted For Customer, To Be Proved, Must Be Pleaded
The defense that plaintiff was employed by both parties and his double employment not disclosed must, to be proved, be 624 pleaded. Childs v. Ptomey, 17 Mont. 502, 43 P. 714; Reese v. Garth, 36 Mo. Ap...
-Sec. 679. Denying Agreement Will Not Admit Proof Of Double Employment
Under a denial of an agreement for the payment of a commission, the broker's double employment can not be proved. Mo-Fee v. Horan, 40 Minn. 30, 41 N. W. 239; Smith v. Soosan, 35 N. Y. S. 806, 24 Misc....
-Sec. 680. Denying Allegations, Except That Plaintiff Is A Broker, Admits Proof Of Double Employment
This defense, double employment, may be proved under a denial of all the allegations of the complaint except that plaintiff was a broker. Wolf v. Demboskey, 74 N. Y. S. 465, 36 Misc. 643, 66 A. D. 428...
-Sec. 681. Denying Performance Of Services By Broker Admits Proof Of Double Employment
Under an answer merely denying the performance of the services by the broker his double employment may be proved. Norman v. Reuther, 54 N. Y. S. 152, 25 Misc. 161. ...
-Sec. 682. That Services Were Rendered Under An Express Contract Inadmissible Under General Denial
In an action to recover the reasonable value of services for procuring a purchaser of land, a defense that the services were rendered under an express contract as to compensation is inadmissible under...
-Sec. 683. Under General Denial Can Not Prove Transaction Cancelled By Consent Of All
In an action brought by real estate brokers for commissions, the defendant cannot under a general denial be permitted to show that subsequent to the procurement of the customer and the execution by hi...
-Sec. 684. Under A General Denial May Show No Commissions Chargeable Unless Excess In Price Received
In an action by a broker for commissions for selling land under an alleged contract providing for a specified sum as commissions, defendant may under a plea of general denial show that plaintiff agree...
-Sec. 684a. Defense That Contract Had Been Rescinded Admissible, Though Not Specially Pleaded
In an action by a broker for compensation, defense that the contract between the broker and defendant had been rescinded held admissible, though not specially pleaded. Mott v. Minor, (Cal. App. '09), ...
-Sec. 684b. Defense That Broker Had Not Secured Second Loan Admissible Under General Denial
In an action for commissions for procuring a mortgage loan, a defense that the broker had not procured a second loan agreed upon is admissible under the general denial. Bowes v. Christion, 110 N. E. 1...
-Sec. 684c. Revocation An Affirmative Defense
Under Pub. Acts 1915, #90, Sec. 2, requiring answer to contain either denials of complainant's allegations or statement of facts relied upon in defense, the revocation of a broker's contract for commi...
-Sec. 685. Under A General Denial Can Not Prove Another Than Plaintiff Introduced The Purchaser
In an action by a real estate broker for commissions, where the answer is a general denial, the proof is restricted to sustaining or controverting the facts stated in the petition, and defendant canno...
-Sec. 686. Plaintiff Is Not Bound To Negative Defense Of Abandonment Of Employment
In an action for a broker's commissions, an alleged abandonment of the broker's employment to sell is matter of defense which the plaintiff is not bound to negative. Moore v. Boehm, 91 N. Y. S. 125, 4...
-Sec. 687. That Owner Offered To Perfect Title By Suit At Law No Defense To Action By Broker For Commissions
The fact that the owner offered the prospective purchaser to perfect his title by suit at law is no defense to an action for commissions. Bruce v. Wolfe, 102 Mo. App. 384, 76 S. W. 723. ...
-Sec. 687a. Sale By Owner At Higher Price No Defense To Broker's Suit For Commissions For Producing A Buyer
Where plaintiff was employed by an executor to sell land of the estate, and plaintiff procured a purchaser in accordance with the required terms, the fact that the property was sold to another offerin...
-Sec. 687b. No Defense To Action For Commission For Finding A Purchaser That Latter Might Have Declined To Perform
In an action by a broker against the president of a corporation, who employed plaintiff without authority, for furnishing one ready, able and willing to purchase land from the corporation, it was no d...
-Sec. 688. When Sued For Commissions Can Not Set Up Defect Which Stated At The Time Might Have Been Cured
Where one who employed a broker to purchase for him land at a specified price, absolutely refused to complete the transaction, he cannot, at the trial of the broker's action for commissions, set up a ...
-Sec. 689. Defendant Can Show Another Agent Made The Sale
In an action to recover commissions for a sale of real estate, defendant can show that another authorized agent made the sale. Goin v. Hess, 102 Iowa 140, 71 N. W. 218; Cook v. Whiting, (Iowa Sup. '09...
-Sec. 689a. What Purchaser May Show In Defense Of Action To Dispossess
Where the agent having authority to sell lands for his principal makes a contract in writing for a sale of the same in his own name and puts the purchaser in possession thereof, who makes thereon last...
-Sec. 689b. Not A Defense To Action For Commission That Plaintiff's Partner Was Entitled To Half
In an action for a real estate broker's commission, it was no defense that plaintiff had a partner and was entitled to but one-half of the commission, where no attempt was made to make the co-partner ...
-Sec. 690. That Authority Was Conditional On Defendant's Ability To Buy Another Lot
In an action by a real estate agent for commissions for a sale of land, the defense was that the authority to sell was conditioned on defendant's being able to purchase a certain other lot. Held, That...
-Sec. 691. That Contract Obtained Was Provisional And No Lease Was Made
Plaintiffs, real estate agents, were to receive certain commissions for services in securing a lessee for defendant upon agreed terms, and they procured an informal agreement for a lease to be signed ...
-Sec. 691a. Defendant, Under A General Denial, May Show That Contract Was Merely An Option
Defendant, under his general denial, in an action for broker's commissions, in which the complaint avers that plaintiffs procured R. to purchase the premises of defendant for an agreed amount, and tha...
-Sec. 691b. Evidence Showing Contract An Option And Not A Sale
The rule excluding parol evidence to vary a written contract obtains only between the parties thereto, or their successors in interest, so that defendant, in an action for a broker's commissions for p...
-Sec. 692. That Defendant Sold Premises Before Sale By Plaintiff Inadmissible Under A General Denial
Where the answer is a general denial, the issue presented by the pleading is the truth of the allegations of the petition; under such an issue affirmative proof in favor of the defendant cannot be rec...
-Sec. 692a. Owner Rendering Himself Unable To Perform No Defense To Broker's Action For Commission
Where a contract employing plaintiff, the agent of defendant, to sell certain lands, provided that plaintiff should be entitled to a commission whether the property was sold by himself or another, the...
-Sec. 693. Defense Of Collusion With Proposed Purchaser And Bad Faith Allowable
In an action for broker's services, an answer alleging that the proposed purchaser was plaintiff's uncle, and that they entered into collusion, whereby the uncle was to pretend to defendant that he wa...
-Sec. 693a. Defense Of Fraudulent Representations Of Agent Available Against His Assignee
It is a good defense for procuring a contract for defendant that the services were rendered without any effort or influence of plaintiff's assignor, and that the agreement relied on by plaintiff was i...
-Sec. 693b. Voluntary Payment By The Defrauded Party No Defense To Agent Sued For The Deceit And Fraud
The voluntary payment of the balance of the price of the mine bought by his agent, after the purchaser entered into and partly executed the contract to buy the property, is no defense to the agent sue...
-Sec. 694. After Contract Accepted By Vendor Latter Can Not Plead Irresponsibility Of Purchaser To Action By Broker For Fees
Where a broker, under a general contract of employment to sell real estate, obtained a purchaser satisfactory to his principal who made an enforceable contract of sale, without being induced so to do ...
-Sec. 694a. Proofs Available To Defendant Under His Denial That Customer Was Able To Exchange
In an action by brokers for services in negotiating an exchange of real property, which was not carried out, even if plaintiffs made prima facie proof of title in the customer offered by them, defenda...
-Sec. 694b. Denial Of Purchaser's Financial Ability Not An Excuse For Owner's Failure To Pay Broker's Commission
The contention that plaintiff did not procure a purchaser ready, willing and able to pay on the terms agreed upon; held, not to excuse defendant owner from completing the sale, where neither plaintiff...
-Sec. 695. Answer Averring Willingness To Sell On Terms Set Forth States No Defense
In an action to recover an agent's commissions for finding a purchaser of real estate, where the plaintiff alleged that defendant had agreed to pay a certain sum for the finding of a purchaser at $100...
-Sec. 695a. It Is No Defense That The Broker Agreed To Divide His Commissions With Third Persons
It is no defense to an action for commissions on a sale of land that the broker agreed with third persons that they should all endeavor to make a sale, and would divide the commissions in the event th...
-Sec. 695b. No Defense To Action For Commission That Broker Did Not Give Owner The Name Of Purchaser
That a broker did not notify owner of the name of the prospective purchaser; held, no defense to an action for a commission. Reich v. Workman, 161 S. W. 180, 110 Ark. 140. ...
-Sec. 695c. Broker Sued For Fraud In Effecting Sale Can Not Plead That He Received No Benefit Therefrom
An agent sued for fraudulent misrepresentation in effecting a sale can not defend on the ground that he received no personal benefit, and has paid over the entire purchase price to his principal. Haen...
-Sec. 696. Under General Denial Can Prove Contract Made And Non-Performance By Plaintiff
In an action on an express contract for commissions for procuring purchasers of land, the defendant was entitled under a general denial to offer testimony, not only denying the contract as claimed, bu...
-Sec. 696a. Evidence That Owner Promised Commission To Broker If Farm Sold Without His Personal Sale Admissible Without Being Specially Pleaded
In an action for broker's commission, evidence that defendant offered to help advertise the farm, and stated that if any one came plaintiff should take charge of him and he would get his commission ju...
-Sec. 697. Statute Of Frauds Not Available As A Defense To Action By Broker For Commissions
In an action to recover commissions or compensation for a sale of land by a broker, that the contract with the broker was within the statute of frauds is no defense. Stephens v. Bailey, 149 Ala. 256, ...
-Sec. 698. Answer That "Sale Was Not Consummated And Plaintiff Not Entitled To Recover" No Defense
In an action to recover a commission for a sale of defendant's property, an allegation in the answer that the sale was not consummated, by reason of which plaintiffs are not entitled to recover of de...
-Sec. 698a. Where Defendant Released Party To Exchange, He Can Not Plead That Time To Pay Note Due On Sale Has Not Expired
Where an owner who gave his note to a broker for commission for procuring an exchange of land, upon an agreement that the broker should wait until the owner sold the farm received in exchange, release...
-Sec. 699. To Establish Illegality Of Oral Appointment Of Broker The Defense Must Be Specially Pleaded
When, in an action for commissions earned by a broker under an oral contract of employment to procure a purchaser of real estate, no illegality in the contract appeared on the face of the complaint or...
-Sec. 699a. On Owner's Breach, No Defense That Broker's Commissions Depended On Consummation Of Sale
Where a contract for the sale of real property procured by a broker was not consummated, owing to the vendor's default, that it had been orally agreed between the vendor and the broker that no commiss...
-Sec. 700. Where Agent Acted For Both Parties By Consent, Allegation Of Bad Faith By Defendant States No Defence
The only fraud charged by the answer, in an action by real estate agents for commissions for trading defendant's land being that plaintiffs were in the employ of the other party to the trade when they...
-Sec. 700a. Broker's Refusal To Pay Part Of Costs No Defense To Action For His Commissions
Where a broker bound a purchaser by an enforceable contract, the broker's refusal to fulfill a promise to pay one-half of the costs of the seller's suit to enforce the contract was no defense to the b...
-Sec. 701. Put In Issue By General Denial, And Not Necessary To Plead Sale Not Consummated
Where, in an action for a real estate broker's commissions to be paid on securing a purchaser, plaintiff relied upon an agreement for a sale made by the owner to a prospective purchaser secured by the...
-Sec. 702. That Interest Terms Differed No Defense Where Plaintiff Offered To Pay The Difference
Where brokers procured a purchaser ready, able and willing to purchase on defendant's terms, it was no defense to an action for commissions that the memorandum of sale did not provide for exactly the ...
-Sec. 703. Averment Not Objectionable As Amounting To The General Issue
A plea to a declaration by real estate brokers for commissions averring that the brokers did not sell the property to the purchasers named for the owners for the amounts named, and that the purchasers...
-Sec. 703a. Improper Defenses
(1) Owners having terminated broker's negotiations with a prospective customer, and themselves obtained an option directly from him; held, not entitled to plead the terms of such contract as a defense...
-Sec. 703b. Defense Not Properly Pleaded
(1) Brokers who procured a purchaser who signed a contract, but refused to execute because of a shortage of three feet in the dimensions specified in the contract of sale, which corresponded with the ...
-Sec. 703c. Sufficient Defenses
(1) In an action by a real estate broker to recover commission, an affidavit of defense is sufficient which avers that the defendant agreed in writing to pay a commission of 5% of the selling price, t...
-Sec. 703d. Insufficient Defenses
(1) In an action for broker's commission, facts held insufficient to establish a defense of double-dealing on plaintiff's part which would bar his right to commissions. Blakely v. Waller & Holz Co., 1...
-Sec. 703e. Proof Necessary To Establish Defense
(1) Where duality of real estate agency is relied on as a defense to an agent's action, defendant must prove not only the duality of the agency, but that same was not known to both parties. Bellew v. ...
-Sec. 703f. What May Be Proved Under A General Denial
(1) Under a general denial, in an action for broker's commissions, defendant could show, in the absence of express objection, that he and plaintiff were closely related, so as to raise a presumption t...
-Sec. 703g. Conflict Between Answer And Answers To Special Interrogatories
(1) Answers to special interrogatories that defendant agreed to pay plaintiffs half the commissions derived by defendant from the sale of any land to persons sent from plaintiffs to defendant; held, t...
-Sec. 703h. Allegation Sufficient To Permit Introduction Of Testimony In Absence Of Demurrer
(1) In an action for commissions by a firm of real estate brokers, plea that defendant owners voluntarily consummated sale with purchaser produced by plaintiff firm on terms dissimilar to those specif...
-Chapter VIII. Sec. 704. What Are Not Departures
Where defendant agreed to pay commissions for sales of lands to customers procured by plaintiffs, an instruction that defendants were liable if plaintiffs furnished customers, is not a departure f...
-Sec. 704a. No Variance Between Allegations And Proof
In an action to recover commissions for procuring a loan, there is no variance between an allegation that plaintiff procured a loan for defendant, and evidence that at defendant's request and on his p...
-Sec. 705. Burden Of Proof On Defendant That Broker's Authority Was Revoked
One who has given a broker authority until further notice to sell land has the burden of proving that he revoked the authority before the broker found a purchaser. Bourke v. Van Keuren, 20 Colo. 95, 3...
-Sec. 705a. Burden On Defendant To Show Alleged Abandonment Of Agency By Broker
In an action by a broker for compensation for finding a purchaser, agency having been proven, the burden was on defendant to show alleged abandonment. McFarland v. Boucher, 134 N. W. 91, 153 Iowa, 716...
-Sec. 705b. When Double Commission Proved, Burden On Broker To Show He Was A Mere Middleman
When contract of double commission is proven, burden of proof is on broker to show that he was a mere middleman. Jon-son v. Bowen, 164 N. W. 4, 37 N. D. 352. ...
-Sec. 706. Burden On Plaintiff To Show Double Employment Was With Defendant's Knowledge And Consent
The burden of showing that one employing a broker to find a customer to exchange real estate with him had notice that the broker was to receive a commission from the customer is on the broker. Hannan ...
-Sec. 706a. Burden On Broker To Show Not Only That The Seller Knew Of Double Agency, But The Purchaser As Well
Whenever a real estate broker, who is representing the purchaser may recover commissions from the seller, the broker must prove, not only that the seller, but the purchaser as well, was aware of his d...
-Sec. 707. Burden Of Agent's Want Of Authority Is On Parly Making Allegation
The burden of proving want of authority, where the agent executes a contract in the name of the principal, lies on the party claiming the want of authority. Plumb v. Milk, 19 Barb. (N. Y.), 74. This c...
-Sec. 708. Burden Is On Agent To Establish Fairness In Transaction
The burden of proof is on the agent to establish his fairness in the transaction. Bubidoeux v. Parks, 48 Cal. 215; Brown V. Post, 1 Hun (N. Y.), 303; Neely v. Anderson, 2 Strob. (S. C.) Eq. 262; Condi...
-Sec. 709. Burden Of Proof As To Knowledge On Part Of Principal Of Dual Agency
The burden of proving knowledge on the part of the principal, in some States, rests on the agent. Young v. Trainor, 158 I11. 428, 42 N. E. 139; Lynch v. Fallon, 11 R. I. 311; Jansen v. Williams, 36 Ne...
-Sec. 710. Burden On Selling Broker That Principal Consented To The Broker Purchasing The Property
If an agent employed to sell property buys it for himself, in an action for compensation the burden of proving that the principal had knowledge of the facts and consented to the sale crests on the age...
-Sec. 711. Burden On Broker To Prove Authority Of Owner's Agent To Employ Him
If the contract is executed by the owner's agent, in order to recover commissions the broker must prove the agent's authority to make it. Stinde v. Scharff, 36 Mo. App. 15. ...
-Sec. 712. Broker Bears The Burden Of Proving His Employment
In an action by a broker against his principal for compensation, plaintiff bears the burden of proving by a preponderance of the evidence that he was employed by defendant to find a purchaser and that...
-Sec. 712a. What Broker Must Show To Recover On An Implied Contract
A real estate broker seeking to recover commissions for procuring a purchaser of real estate, under an implied contract, must show that he rendered his services under an honest belief, reasonably indi...
-Sec. 712b. Contract Of Employment Of Broker By Implication
While a broker who voluntarily brings a purchaser to the owner of land is not entitled to a commission, if he endeavors to sell it with the owner's knowledge, there is a sufficient consideration for t...
-Sec. 712c. On Finding Purchaser Broker Must Advise Principal
To entitle a broker to a commission, where no contract of sale is executed, he must show not only that he procured a person ready, able and willing to purchase, but also that his employer was advised ...
-Sec. 712d. Statement By Defendant To Broker After Sale Closed That Latter Was Agent, Insufficient To Establish Agency
A statement by defendant, after the closing of a sale of real estate, in which he referred to plaintiff as the agent procuring the purchaser, does not establish an express or implied contract between ...
-Sec. 712e. Broker Acting For Another In Purchasing Property Acquires No Right Thereby To Commission From Vendor
Where a real estate broker, acting for another who desires to purchase real estate, approaches the owner of certain property, and negotiates for the purchase thereof, no contract will be implied there...
-Sec. 713. Broker Who Claims Must Prove Exclusive Right Of Sale
A real estate broker who founds his right of action for commissions on the owner's agreement to give him the sole and exclusive right of sale of the property, and alleges a breach of such agreement an...
-Sec. 714. Broker Must Prove Direct Employment, Ordinary Agency Of Wife For Husband Insufficient
To sustain an action for commissions, the broker must show direct employment by the principal or a direct authority for him to treat with the agents of the principal, and if the agency of a wife for h...
-Sec. 715. Burden Of Proof On Defendant Claiming Contract Signed Conditionally
Where plaintiff, in an action to recover commissions for procuring a purchaser for real estate, proves the execution of the contract of purchase which defendant claims was signed conditionally, the bu...
-Sec. 715a. In Action For Procuring Purchaser, Burden Of Showing Why Contract Failed Not On Broker
In an action for a broker's commission for procuring purchaser, burden was not on the broker to show why the contract of sale was not carried out. Levin v. Lehr, 133 N. Y. Sup. 995. ...
-Sec. 716. Burden Is On Plaintiff To Show Performance Of Obligations Assumed
Plaintiff bears the burden of proving that he performed his obligation by affecting a purchase, procuring a responsible purchaser or making an enforceable contract of asle in accordance with his instr...
-Sec. 716a. Broker To Find Purchaser Not Required To Show That His Efforts Or Representations Induced The Purchase
One employed to procure a purchaser for a house, and not to negotiate its sale, was not bound to prove that the one procured by him was induced to buy because of his efforts or representations. Matloc...
-Sec. 717. If Principal Refuses Customer Broker Must Prove His Ability To Perform
If the principal refuses to accept the customer furnished by the broker, in an action to recover commissions the broker must prove the customer's ability to complete the transaction. Col-burn v. Seymo...
-Sec. 718. Purchaser Asking Specific Performance Must Show Validity Of Broker's Authority
Where, in a suit to set aside a contract for the sale of land as a cloud on the title, the purchaser insisted on a decree for specific performance, and the broker a judgment for commissions, the burde...
-Sec. 719. Burden On Broker To Prove Third Person Able And Willing To Advance Cash Payment To Purchaser
The purchaser was unable to buy the land, but a third person agreed to furnish the money necessary to make the cash payment; the sale was not made. Held, That the broker, in order to recover his commi...
-Sec. 719a. What Necessary To Prove Before Contract Became Binding
Where, in an action by a broker for commissions for the sale of real estate, it was shown that defendant contracted with a third person for an exchange of property, subject to inspection of land furn...
-Sec. 719b. Where Mineral Rights Were Reserved, To Recover, Broker Must Show Purchaser So Understood
Where defendant agreed to pay plaintiff certain commissions for the sale of land, with the mineral rights reserved, plaintiff must show that the proposed purchaser would accept the land subject to the...
-Sec. 720. Burden On Broker Who Claims Right To Retain Commissions Out Of Purchase Money
Where an agent claims the right to retain commissions out of the price received on a sale of land of his principal, the burden of proof is on him to show a legal right to retain his principal's money ...
-Sec. 721. Defendant Alleging Plaintiffs Were To Get Wife To Join In Contract Must Prove
Where, in an action to recover commissions for a sale of defendant's homestead, their answer alleged that plaintiffs were to procure the wife to join in the contract, and that she refused to do so, th...
-Sec. 722. Burden On Broker That He Had The Required Written Authority To Make The Sale
In an action by a broker to recover commissions for selling land, plaintiff had the burden of showing that at the time he made the sale, he had the written authority required by statute. Turner v. Lan...
-Sec. 723. Burden On Sub-Agent That Broker Had Authority To Employ Him
Where negotiations for a lease are with a broker of the owner of the premises, the burden is on the sub-agent claiming commissions to show that the broker had authority to employ him, as a broker auth...
-Sec. 724. Burden On Broker To Show Payment Or Not Collected Through Fault Of Owner
A contract of agency to sell land provided that if the cash payment of any sale was equal to $3.50 per acre the broker should receive his commissions in full, but if less, then the broker should recei...
-Sec. 725. Burden On Broker To Prove Agreement To Sell Was Made And The Customer Able And Willing To Perform
A real estate broker employed to procure a purchaser of land for a fixed price, or any other price below that consented to by the owner, has the burden of proving that he produced a person with whom t...
-Sec. 725a. What A Loan Broker Must Show To Recover Where Loan Is Not Consummated
A loan broker, where the loan is not consummated, must at least show the procurement of a person able and willing to ac-. cept it upon the precise terms stipulated by his principal. Strauss v. Easter...
-Sec. 726. On Accepted Contract Burden Of Proof On Owner To Show Irresponsibility Of Buyer
Where the principal accepts the purchaser found by his broker, without questioning his ability to perform, and the sale fails of consummation by the purchaser's own fault or failure to make good his o...
-Sec. 727. Broker Must Prove Performance Within A Reasonable Time
A broker employed to procure a purchaser of real estate under a contract which does not specify the time for the performance of the contract must, in an action for his commissions, prove that he perfo...
-Sec. 728. Burden Of Proof On Defendant When He Alleges Plaintiff Was Agent Of Tenant
Where, in an action by a broker for commissions for procuring a tenant for defendant, the defense was that the broker was the agent of the tenant procured, the burden of proof was on defendant to show...
-Sec. 728a. Vendee Suing To Recover Money Paid Vendor's Agent On Unauthorized Contract Has Burden Of Proving Vendor's Ratification
A vendee suing the land owner to recover money paid his agent on an unauthorized contract of sale made by the latter, has the burden of proving ratification by the land owner. Edwards v. Davidson (Tex...
-Sec. 728b. Burden Of Proof As To Double Payment Of Commissions
Where, in an action to recover an alleged double payment of a real estate agent's commissions, defendants claimed that the second payment was for other services, and that the receipt executed therefor...
-Sec. 728c. Burden On Broker To Show Defect In Owner's Title Which Defeated Sale
Where a broker procured one who was willing to purchase the land of his principal but for a defect in the title, in an action to recover his commissions, the burden is on the broker to show that such ...
-Sec. 728d. Burden Of Proof, And Upon Whom It Falls
(1) A broker engaged to obtain a purchaser, who claims a commission, though the sale was prevented because of an alleged defect of title, has the burden of proving that his principal failed to dischar...
-Chapter IX. Evidence - Admissible. Sec. 729. Oral Agreement, Where Correspondence Does Not Cover Compensation
Where the correspondence by which plaintiffs were employed to sell land does not cover the question of compensation, a former oral agreement as to compensation to be charged may be shown, but where th...
-Sec. 729a. Contract Of Employment Admissible To Prove Value Of Services Rendered By Broker
Where a broker introduces a prospective purchaser to the seller, and the latter undertakes to conduct the negotiations and finally sells the property for less than the terms named in the contract of e...
-Sec. 730. Writing Reciting Payment Of Consideration As Tending To Prove Broker's Services
A written agreement entered into by plaintiffs' customer for the purchase of property and reciting the payment of part of the stipulated price to plaintiffs, is admissible as tending to show that plai...
-Sec. 730a. Written Opinion Of Customer's Attorney Admissible To Show Defects In Title In Broker's Suit For Commissions
For the purpose of showing what specifications of supposed infirmities in the title were directed to the principal's attention, the written opinion of the customer's attorney as to the title is admiss...
-Sec 731. Deed Of Principal To Show Ratification Of Broker's Contract
A deed executed by the principal to the purchaser after the commencement of the suit, is admissible to show the principal's ratification of the broker's contract. Gelott v. Ridge, 117 Mo. 553, 23 S. W...
-Sec. 732. Written Contract Of Sale To Show Sale Was Made
The written contract of sale executed by plaintiffs as defendant's agents is admissible to show that the sale was made, although the agents had no written authority to make it, and it was afterwards r...
-Sec. 733. Newspaper Advertisement To Show Efforts Of Brokers To Sell The Property
A newspaper advertisement published by plaintiffs is admissible as showing what they did in performance of their duty under the contract to sell the property. Deckcer v. Widdicomb, 137 Mich. 331, 100 ...
-Sec. 733a. Broker May Testify He Advertised Lands In Newspaper
A real estate broker suing for commissions may testify that he advertised the land in a certain newspaper, no effort being: made to prove in this manner the terms or contents of the advertisement. Yar...
-Sec. 734. Memoranda Made By The Parties
A memorandum signed by the parties to proposed sale is admissible in evidence. Folinsbee v. Sawyer, 28 N. Y. S. 698, 8 Misc. 370. ...
-Sec. 734a. Contract And Release Admissible In Evidence
In an action for broker's commissions for procuring a tenant for premises, wherein defendant claimed plaintiff agreed to forego the payment of his commissions until payment of the rent by the tenant, ...
-Sec. 735. Conversations, When Pertinent To The Issues
In an action for commissions on a sale of real estate, evidence of negotiations between plaintiff and the customer afterward communicated to defendant is admissible. Luhn v. Fortran (Tex. Civ. App. '0...
-Sec. 736. Conversations After The Sale Are Not Admissible
Conversations between a broker and the purchaser after the sale are inadmissible. McDonald v. Ortman, 98 Mich. 40, 56 N. W. 1055; also, betwen plaintiff and proposed purchaser, in the absence of defe...
-Sec. 737. Letter Of Broker To Purchaser's Agent To Prove Efforts To Make A Sale
In an action by a broker to recover from the seller of real estate, commission for procuring a purchaser, the question was whether a letter written by the broker to the purchaser's agent Was admissibl...
-Sec. 737a. Evidence Admissible Showing Communication To Another Agent Of Plaintiff's Employment By The Seller
In an action for commissions claimed to have been earned by purchasing land for defendant, where defendant claimed that plaintiff received a commission from the seller of the tract in violation of his...
-Sec. 738. Correspondence To Establish Agency
On the issue as to whether a loan broker was the agent of defendant in negotiating a loan for him, or the agent of the plaintiff company which made the loan, correspondence between the broker and the ...
-Sec. 739. Evidence To Show Plaintiff's Employment By Defendant's Agent
In an action for services rendered by plaintiff in purchasing property for defendant, testimony that defendant's agent solicited witness to go to plaintiff and induced plaintiff to negotiate for the p...
-Sec. 740. Any Competent Evidence To Prove Or To Disprove Plaintiff's Employment
Where defendant denies that he agreed to pay plaintiff a commission for selling his property at a certain price as claimed by plaintiff, evidence of one to whom defendant had given an option prior to ...
-Sec. 740a. Evidence Admissible To Show Transaction Occurred Within The Period Alleged By Plaintiff
In an action for commissions for a sale of land, it was not error to admit evidence as to the authorization that it dated prior to December 8, 1905, where the amended complaint sets out that in June, ...
-Sec. 740b. Real Contract Admissible To Show Difference From That Sued On
The real contract is admissible in evidence to show difference from that sued on. Tracey Land Co. v. Land etc. Co., 131 Iowa 40, 107 N. W. 1029. ...
-Sec. 741. Evidence To Prove Defendant's Agent Had Authority To Employ A Broker
Where plaintiff claims to have been employed as broker by the husband as agent of defendant, any competent evidence is admissible which tends to show that the husband had authority to employ a broker ...
-Sec. 742. Evidence As To The Value Of Property, On Issue As To Good Faith Of Broker In Accepting Employment
In an action against their principal for damages for the loss of commissions caused by the refusal to accept the deed and carry out the contract where the defense was want of mental capacity to contra...
-Sec. 743. Evidence To Prove Or To Disprove Plaintiff The Procuring Cause Of The Transaction
In an action by a broker for compensation, the defense being a general denial, any competent evidence is admissible in behalf of plaintiff or defendant which tends to prove or to disprove that plainti...
-Sec. 743a. Proper To Show Purchaser's State Of Mind Regarding The Purchase
In determining the question which one of two brokers effected a sale, it is proper to show by the purchaser his state of mind regarding the purchase after he had left the broker claiming the commissio...
-Sec. 744. Evidence To Prove Or To Disprove Customer's Ability, Readiness And Willingness To Buy
Where the owner of land refused to complete a sale to a purchaser introduced by a broker, evidence of the prospective purchaser in an action by the broker for commissions that at the time he was intro...
-Sec. 745. If The Contract Omits Compensation Evidence Of The Reasonable Value Of Broker's Services
In an action for services rendered by real estate brokers in procuring a purchaser for defendant's land, where there were no written pleadings in the trial court and no testimony of any definite contr...
-Sec. 746. Evidence To Prove Or To Disprove Existence Of Custom
Where a principal claimed that its broker had been notified of its custom to give only quit-claim deeds to purchasers of its real estate, evidence to show that after its refusal to give a deed with wa...
-Sec. 747. Evidence Of Option Holder To Disprove Agency
Where defendant denied that he agreed to pay plaintiff a commission for selling his property at a certain price, as claimed by plaintiff, evidence of one to whom defendant had given an option price to...
-Sec. 748. Entry In Book Of Price Agreed On, Made In Defendant's Presence
In an action by real estate brokers for commissions on a sale, where the question in dispute is whether plaintiffs had authority to sell at the price named, an entry in plaintiff's books of the price ...
-Sec. 749. Oral Evidence To Show That Written Agreement Was Obtained By Fraud
The rule of law forbidding the admission of evidence of an oral agreement made prior to or contemporaneously with the written agreement in question, does not preclude the admission of evidence tending...
-Sec. 749a. Parol Evidence Admissible To Rebut That Of Plaintiff
In an action for a real estate broker's commissions, parol evidence that the written agreement of prospective purchasers with the owner was not finally binding, and that after it was revoked, plaintif...
-Sec. 749b. Evidence Admissible To Show Contract For Broker's Compensation Made As Alleged
Evidence in denial of defendant's contention, in a real estate broker's action for commission, that a contract for compensation was not made as alleged; held, properly admitted. Nock v. Guthrie, 86 A....
-Sec. 750. Evidence Of Length Of Time Land For Sale By Broker, To Show Knowledge By Purchaser
In an action for commissions for procuring a purchaser for land where the land was purchased by one claiming to buy on his own initiative, evidence that the land had been listed two months before the ...
-Sec. 751. Contract Between Plaintiff And Third Person To Show He Desired To Purchase
In an action to recover commissions for a sale of defendant's land, a contract entered into between plaintiff and a third person setting forth the terms of the purchase, was admissible to show that su...
-Sec. 752. Evidence Concerning Purchaser's Securing Funds To Buy, On Issue As To Ability
In an action for a broker's commissions, evidence concerning arrangements made by the purchaser's broker for funds with which to complete the purchase, and the financial ability of the concern from wh...
-Sec. 752a. Evidence Admissible On Issue Whether Broker Was A Joint Purchaser
In a broker's action for commissions, evidence that to enable the purchasers to make the cash payment required plaintiff agreed to loan them the amount of the commissions claimed by him, was admissibl...
-Sec. 753. As To What Occurred Between Plaintiff And Another As To Drawing Deed To Purchaser
In an action for a broker's commissions, evidence as to what occurred between plaintiff and another with reference to drawing the deed to the purchaser plaintiff claimed to have secured was admissible...
-Sec. 754. Evidence Of Value Of Lands As Bearing On Value Of Plaintiff's Services
Where plaintiff sued on a quantum meruit for services in obtaining options to purchase coal lands for defendant, evidence as to the value of the lands was admissible as bearing on the value of plainti...
-Sec. 755. Declarations Of Defendant's Agents As Part Of The Res Gestae
In an action for a broker's commissions, declarations of defendant's agents as to the broker's commissions, made at the time they were negotiating and closing the deal with the purchaser found by the ...
-Sec. 756. Where Terms Of Sale Were Not Given, Evidence Of Purchaser's Refusal To Accept
Where, in an action by a real estate broker for commissions for procuring a purchaser of real estate, it appears that the terms of sale were not given by defendant at the time the broker was employed,...
-Sec. 757. Evidence As To Custom Of Agents To Look After Vacant Property
The testimony of real estate agents in St. Louis that it is a custom or usage of real estate agents having in charge property for the collection of rents to look after the property while vacant, is ad...
-Sec. 758. Deed And Receipt As Tending To Show Defendant Could Have Obtained The Property
In an action for a broker's commissions for negotiating a purchase which defendant refused to consummate, a deed and receipt purporting to have been signed and acknowledged by the owner, and proof of ...
-Sec. 758a. Evidence Admissible To Show Defendant Refused To Execute Deeds To Buyers Procured By Broker
Evidence that the agents of the owner of lands, with the approval of the owner, sold a part of them which had been intrusted to plaintiffs for sale, to persons who were found by plaintiffs, and induce...
-Sec. 759. Evidence Of Person Who Purchased Claim That Defendant Had No Part In The Transaction
In an action for commissions by a person engaged to secure title to certain mining properties, where defendant's answer averred that he had taken no part in the transaction involving their subsequent ...
-Sec. 760. Evidence Tending To Show Defendants Held Themselves Out As Partners
In an action by a real estate broker for commissions, wherein one defendant filed a separate plea denying that he was justly liable with his co-defendant, evidence was admissible by the broker as to v...
-Sec. 761. Prices At Which Similar Lands Were Selling As Evidence Of Good Faith
In an action by a real estate agent for commissions, evidence of the prices at which neighboring lands of the same kind were selling at the time the sale was made is admissible to show that a good pri...
-Sec. 761a. Competent To Show Intentions Of Parties By Subsequent Dealings
In an action by an agent against the principal for a commission on a real estate deal, it is competent to show the real intentions of the parties as to carrying out the contract by their subsequent de...
-Sec. 761b. Evidence Admissible On Question Whether Broker Had Abandoned The Contract
Where, in an action by plaintiff for commissions on a sale of defendant's property, defendant alleged an abandonment of the contract, statements of plaintiff that he continued his efforts to dispose o...
-Sec. 761c. Broker's Contract Admissible In Evidence
Where the assignee of certain real estate brokers sued in assumpsit to recover compensation for a broker's services rendered under a written contract with defendant, which defendant had cancelled befo...
-Sec. 761d. Evidence Held Admissible
(1) Agreement between brokers and a prospective purchaser, by which he employed the brokers to procure a buyer from him at an increased price, made subsequent to the original employment; held, admissi...
-Sec. 761d. Evidence Held Admissible. Continued
(22) Evidence of an express offer of a commission to a third person for bringing about a sale to another, was competent to show a motive for the principal's desire to abandon the agreement with custom...
-Chapter X. Evidence - Inadmissible. Sec. 762. On Bill For Specific Performance, That Land In One Year Doubled In Value
On a bill for specific performance of a contract to convey, in which the defense is, that the broker who made the sale did so without authority of defendant, evidence that the land in one year doubled...
-Sec. 763. Agent's Private Record Book To Prove Authority To Sell Land
The private record book of a real estate agent is not competent to prove, in an action for commissions, that authority had been given to him by the owner of the land to sell the same. Boyd v. Jennings...
-Sec. 764. Evidence To Prove Custom Among Brokers In Exchanges To Charge Each Party
An offer to prove a general custom among brokers acting for both parties to an exchange of lands to charge commissions to each, held properly refused, for the reason that it appeared that the broker w...
-Sec. 765. Evidence Of An Offer Of Compromise
Evidence that the owner refused to pay the broker, but offered, as a compromise, to pay a fixed amount and to give another specified amount to a church, is inadmissible, under the rule that propositio...
-Sec. 766. Evidence By Unexpert Witnesses As To The Value Of A Broker's Services
It was not error to refuse to admit the opinions of witnesses as to the value of plaintiff's services in negotiating a purchase, the witnesses not being experts and having no better means of forming a...
-Sec. 766a. Evidence By Expert As To Value Of Property, And As To His Competency
Where real estate broker is testifying as to the value of an option, evidence showing his familiarity with the property, and its increase in value in the past, is admissible to show his competency as ...
-Sec. 767. In An Action For Executed .Sale Evidence Of Responsibility Of Purchaser
In an action by a broker against a vendor for his commissions, the contract between the vendor and purchaser being executed, and there being no allegation or proof that the broker induced the vendor t...
-Sec. 768. Evidence That Defendant Wanted Witness To Advise Him As To Purchaser's Proposal
In an action for a broker's commissions, evidence that defendant applied to witness to know what to do concerning the proposed purchase's proposition to pay for the land in monthly installments, and t...
-Sec. 769. Oral Evidence To Extend Expired Written Authority To Agent
Written authority was entered into giving a broker the exclusive right to sell real estate at a fixed price before a certain date. Held, that an offer to show that at the time of the execution of the ...
-Sec. 769a. Written Contract Insufficient And Parol Evidence Inadmissible
Under Ballinger's Annotated Code and Statutes, Sec. 4576, amended by laws of 1905, p. 110, c. 58, requiring contracts for the employment of brokers to sell real estate for a commission to be in writin...
-Sec. 770. In An Action By Architect For Fees, Cost Of Building Given Building Department. -
In an action by an architect for fees for making plans for a building at a. specified per cent. of its cost, a statement as to the cost in the plans filed with the building department, was inadmissibl...
-Sec. 771. In An Action For Commissions Evidence Of Defendant's Dealings With Other Brokers
In an action by a broker for compensation on the issue as to whether the contract with the principal called for a commission of a certain percentage of the proceeds of the sale, or of the proceeds ove...
-Sec. 771a. Plaintiff's Testimony As To Loss Of Profits
In action against railroad for services rendered in negotiating leases and in surrendering, plaintiff's own evidence as to alleged loss of profits from plaintiff's retail grocery business, etc., held ...
-Sec. 771b. Evidence As To Property Not Involved In Suit Inadmissible
Under a declaration claiming commissions only on property purchased by defendant, evidence of negotiations by plaintiffs in regard to other property is inadmissible. Martien v. Mayor, etc., Baltimore,...
-Sec. 772. Receipt In Connection With Another Exchange Of The Same Property
In an action by real estate brokers for a commission for negotiating an exchange of defendant's property, which defendant refused to carry out, a receipt given by one of the plaintiffs to defendant fo...
-Sec. 773. Printed Statutes Of New Jersey, Under Plea Of Non-Assumpsit
Where a resident of New Jersey sues to recover on a parol contract for commissions for a sale of real estate in New Jersey, the printed statutes of New Jersey requiring such contracts to be in writing...
-Sec. 774. In Action Against Husband For Commissions, What Was Said Between Wife And Purchaser
In an action against a husband for a broker's commissions for selling the wife's land, testimony that another told defendant that plaintiff tried to sell him the property at a profit above the figure ...
-Sec. 775. Declarations And Statements By Plaintiffs As To Sale Of Land, As Self-Serving
In an action for a broker's commissions, declarations and statements by the plaintiff as to the sale of the land, and what he would be entitled to, were self-serving and inadmissible. Leutscher v. Pat...
-Sec. 776. On Issue Whether Defendant's Agent Had Authority - Defendant's Opinion
Where the issue was whether the defendant's agent had authority to make a certain contract, defendant's opinion to that effect was inadmissible, as being a conclusion of law. Roche v. Pennington, 90 W...
-Sec. 776a. Statement By Owner In Regard To Title The Mere Expression Of An Opinion
That a land broker was told by the owner that defects had been found in the title, but that he believed it was good, as they had owned the land thirty or forty years, was sufficient to put the broker ...
-Sec. 776b. Admission Of Contract In Evidence Held Prejudicial To Plaintiff
Where, in an action for broker's commissions for procuring a purchaser of real estate, the issue was whether plaintiff had been employed to procure a purchaser, the admission in evidence of a contract...
-Sec. 777. In Interpleader, Declaration Of Principal That One Was Entitled To The Fee
In an action in interpleader where the issue between the parties is as to the right to commissions for the sale of real estate, the declarations of the owner of the property sold, made some time after...
-Sec. 778. Statement By Principal That Absent Broker Had No Authority To Sell
In an action by a broker for commissions on a sale of land, where another broker claiming the same commissions is substituted as defendant for the principal, he having paid the commissions into court,...
-Sec. 779. Under General Denial, That Defendant Sold Premises Before Sale By Plaintiff
Where the answer is a genera^ denial, the issue presented by the pleading is the truth of the allegations of the petition. Under such an issue affirmative proof in favor of the defendant can not be r...
-Sec. 780. Unless Pleaded, Evidence That Defendant Defeated Payment
In an action by a broker to recover commissions for selling land, evidence that the act of defendant prevented the happening of the contingency on which payment was to be made was inadmissible, the ex...
-Sec. 781. Evidence That Defendant's Agent Refused Hotel To Prospective Purchasers
In an action by a broker for commissions alleged to have been lost by the refusal of his client to convey the land sold, evidence that the client's agent had refused the use of the client's shed and h...
-Sec. 782. Evidence As To Value Of Services Where Contract Fixed Commission
Where, in an action for a broker's commissions for negotiating a purchase, it appeared that if he had been employed, he was entitled to a fixed commission under the contract, evidence was inadmissible...
-Sec. 783. Evidence Of Option After Sale Had Been Completed
In an action by a broker for commissions, evidence of independent negotiations regarding an option after a sale had been completed by plaintiff is inadmissible, though it might have been competent if ...
-Sec. 783a. Evidence Held Inadmissible
Where a contract between an owner of land and his agent for sale contained specific authority to the agent to sell a certain acreage, evidence was inadmissible, in an action by the agent for commissio...
-Sec. 783b. When Evidence Of Improvements Inadmissible
Evidence of improvements made by a land owner, without the knowledge of his broker, can not be shown in an action by the broker for commissions for procuring a purchaser for the land at the price fixe...
-Sec. 783c. Testimony Of Greater Acreage Inadmissible To Defeat Broker's Right To Commissions
Where a contract specifically authorizes the sale of a tract of land containing a certain number of acres, and it does not appear that prior to the sale the owner claimed, or that the agent knew, that...
-Sec. 783d. Evidence Held Inadmissible
(1) Where, in an action by a broker for commissions, the owner of the land denied making any contract with the broker, the testimony of a third person that he had an offer at about the time of the mak...
-Chapter XL Evidence - Immaterial And Irrelevant. Sec. 784. Fact That Defendant Had Other Agents Not Instrumental In Effecting Sale
In an action for commissions for procuring a purchaser for land, the fact that defendant had other agents is immaterial, it not being contended that they had been instrumental in bringing about the sa...
-Sec. 785. In An Action For Commissions, Right Of Vendor To Convey Or Value Of Property
Where a broker employed to purchase specific property at a fixed price had brought suit against his principal for commissions, and the latter refused to accept the deed, the vendor's right to convey, ...
-Sec. 786. In Action For Commissions, That Broker Exceeded Authority By Making A Contract Of Sale
Where defendant employed real estate brokers to find a purchaser for lands, the fact that they exceeded their authority by making a contract of sale is not material in an action to recover their comm...
-Sec. 787. In Action Against Agent For Fraud, Whether Pretended Borrower Shared The Money
A recovery in an action by the principal against the broker for fraudulent representations that the worthless property on 692 Which the loan was made was good security, is not affected by the questio...
-Sec. 788. Whether The Contract Was Signed Before Or After Contract For Exchange Was Signed
In an action by a broker to recover commissions on an exchange of property effected by him, whether the written agreement by the plaintiff to wait for his commissions until title closed was signed bef...
-Sec. 789. Where Broker Finds Purchaser, The Reasonableness Of The Time
Where the broker finds a purchaser at the seller's terms, while still employed, the reasonableness of the time which he has taken to do so is immaterial. Moore v. Boehm, 91 N. Y. S. 125, 45 Misc. 622....
-Sec. 790. In An Action For Selling A Title Bond, Attempt By Seller To Show Broker Part Owner Of Premises
A bond was given by A. to convey a lot of land at a price named per square foot, the bond was assigned to B., who employed C. to find a purchaser for the land, agreeing to pay him all he could get ove...
-Sec. 790a. Evidence That Party Other Than Defendant Owned Bonds Held Immaterial
In a case by one engaged to sell bonds on a commission, evidence that a person other than defendant owned the bonds was immaterial, it appearing that the defendant had made the contract of employment....
-Sec. 791. On Agreement To Share Commissions Evidence That Plaintiff Tried To Sell
Where plaintiff authorized defendant to sell property for which plaintiff was agent, the profits to be divided equally between them, but did not transfer the exclusive agency to defendant, an attempt ...
-Sec. 791a. Evidence As To How Long Agent Had Known Property Prior To Sale Was Immaterial
Where, in an action by a broker for commissions for procuring a purchaser, it was not claimed that an agent of the purchaser learned that the property was for sale until after the broker had visited t...
-Sec. 792. That Broker Failed To Impart The Name Of The Purchaser
Where, in an action on a contract for a division of a broker's profits, there was evidence that defendant sold the property to a purchaser procured by plaintiff, in accordance with the contract betwee...
-Sec. 793. Where Contract Must Be In Writing, To Allege Defendant Received Benefits
Where the petition, in an action by a real estate agent to recover commissions, fails to show a written contract, as required by statute, the fact that the plaintiff alleges that defendant received th...
-Sec. 794. In An Action For Commissions For Purchasing, Amount Paid Broker By Vendor
In an action by a broker for commissions in purchasing lands for defendants, defendants having introduced the vendor as a witness, and he having testified that he paid commissions to such broker for e...
-Sec. 795. Where Averred That Trade Was Made By D., Whether He Received Compensation
Where plaintiffs claim they effected an exchange of defendant's property, and defendants assert that the trade was brought about by D., the question whether D. had received compensation for his servic...
-Sec. 796. In An Action For The Value Of Personalty For Effecting An Exchange Of Land, Value Of The Latter
In an action for the value of personalty, which plaintiff was to receive for effecting an exchange of land of defendant for a store property, and which plaintiff had not received because defendant ref...
-Sec. 797. Where Owner Ratified Sale By Attorney, Whether He Knew All The Terms
Where one authorizes an attorney in fact, by power duly signed and acknowledged, to make a certain contract for the purchase of land with certain parties and of a certain date, and subsequently ratifi...
-Sec. 798. In An Action Against A Broker To Account For Part Of The Price, The Value Of The Property
Where, in an action against a broker for failure to account for a part of the price received by him, the issue was, whether the broker sold the land to the purchaser through a third person, as his ag...
-Sec. 798a. That Owner Sold To Broker's Customer For Less Price Was Immaterial
Where owner sells to a customer at a price lower than offered to same customer procured by broker, good faith of the owner is immaterial, when it appears that owner was led to believe that he was deal...
-Sec. 799. Where An Owner Sold To A Customer, Broker Could Recover Although He Failed To Notify The Owner
Where an owner of standing timber, after employing plaintiff to sell the same, sold it himself to a purchaser procured by plaintiff, it was immaterial to plaintiff's right to recover for the services,...
-Sec. 799a. In Order To Be Entitled To Recover Commissions It Was Immaterial Whether The Broker Was The Agent
Where the owners expressly agreed that the broker should have a commission in case of a sale to his customer, it is immaterial, as regards his right to commissions, that he was not their agent. Lawler...
-Sec. 799b. Brokers Negotiating An Exchange Not Bound To Inform One Of The Parties Of His Employment By The Other
Brokers negotiating an exchange of properties being middlemen held not bound to inform one of the parties of their employment by the other. Marks v. O'Donnell, 121 N. Y. S. 214. See Sec. 578. ...
-Sec. 800. Where The Evidence Is Silent As To The Broker Making Previous Sales, Whether He Had A License
Where the evidence is silent as to whether a broker was engaged in the real estate business, or had made previous sales, it is immaterial whether or not he had a license at the time of the sale in que...
-Sec. 801. In An Action By A Broker For Fee For Purchasing, Right Of Vendor To Convey And Value Of The Land
Where a broker employed to purchase specific property at a fixed price brought suit against his principal for commissions, on the latter refusing to accept a deed therefor the vendor's right to convey...
-Sec. 801a. Whether Or Not The Party To Be Charged With The Commission Is The Owner Of The Land Is Immaterial
The right of a broker to recover a commission for making a sale of land is purely a matter of contract; and where a valid contract in writing has been made, it is immaterial whether or not the party t...
-Sec. 802. Evidence That After Revocation Broker Produced A Responsible Purchaser
Where an agent's authority to sell his principal's land has been revoked, whether the agent afterwards actually secured a purchaser ready and able to buy the land on the principal's terms was immateri...
-Sec. 802a. Evidence That Owner Sold For A Less Price Than Fixed In Agreement With Broker Was Inadmissible
In an action for commissions for producing a purchaser ready, willing and able to buy on the terms prescribed, evidence that the owner sold for a less price than that fixed by the agreement with the b...
-Sec. 803. Whether The Agent Was To Secure A Purchaser Or Make A Sale, Where Owner Would Not Consummate
Whether real estate agents were to secure a purchaser or make a sale themselves is immaterial, where the owner, by his conduct, rendered it impossible for them to consummate the sale. Church v. Dunham...
-Sec. 803a. Letter Between Third Parties Immaterial
In an action by a real estate broker to recover viommissions for services in effecting an exchange of lands, which was finally completed by other brokers, a letter from one of these other brokers to a...
-Sec. 804. Statement By Defendant That If He Had Had His Own Way He Would Have Sold When He Had A Chance
In an action for commissions for procuring a purchaser of land, a conversation between defendant and the broker, several months after the contract was entered into between them, in which defendant sta...
-Sec. 805. In A Suit To Recover Deposit Money, Evidence Of Subsequent Contract Irrelevant
An agent sold a tract of land subject to the ratification of his principal, with an agreement that, if not ratified, he would refund to the purchaser the money paid by him; the principal refused to ra...
-Sec. 805a. Judgment Stricken Out As Irrelevant
A judgment in favor of the purchaser against the vendor rescinding the contract for fraud, is not res judicata as to the vendor's broker, so as to entitle him to plead it in a suit for his commission,...
-Sec. 805b. Bringing Of Prior Suit Covering Part Of Claim In Question Held Immaterial
Where plaintiff, in an action for broker's services, pleaded the bringing of a prior suit against F. for $900, covering a part of the claim in question, the bill of particulars filed in such suit, sho...
-Sec. 806. In Action To Recover From An Agent Part Of Price, Influence Of Defendant Over Vendor
In an action by vendees against the agents who made the sale to recover that part of the price retained by them, without plaintiff's knowledge, the issue being whether defendants were the agents of pl...
-Sec. 807. Evidence That Defendant Had Employed Another Broker Who Tried To Sell
Defendant's evidence, in an action by a real estate broker for commissions, that defendant had employed another broker who attempted to dispose of the land to a purchaser, and who had obtained his inf...
-Sec. 808. In A Suit For Share Of Fees, Answer Alleging Broker Worked In Opposition
Plaintiff alleged that he was authorized by the owners to sell land, and that he agreed to divide the commissions with defendant, if the latter would find a purchaser; that defendant recovered of the ...
-Sec. 809. In An Action For Fee For Clearing Title, Evidence Of Commissions For Selling Property
In an action by a real estate dealer to recover on an express contract whereby defendant agreed to pay him a certain percentage of the proceeds of sales, in consideration of services to be rendered in...
-Sec. 809a. Conversation Not In Presence Of Defendant Irrelevant
Plaintiff alleged a verbal contract by which he was to obtain for defendant the title of co-owners of a mining claim for not more than a certain sum, his commission to be the difference between that s...
-Sec. 809b. Advice Of Third Person To Purchaser Held To Be Immaterial On Issue Of Procuring Cause Of Sale
On the issue whether a broker employed to procure a purchaser was the procuring cause of the sale, evidence that the purchaser sought the counsel of a third person, and resolved not to purchase unless...
-Sec. 809c. Immaterial And Irrelevant Evidence
(1) The question whether defendant's demand for immediate payment was reasonable is immaterial, in the absence of fulfillment by plaintiff of all other conditions on the original contract. Wittever v....
-Chapter XII. Evidence In General. Sec. 810. Dissuasion - Evidence That Failed To Prove
On the issue whether the owner during the continuance of an option given by him to a broker on certain real estate dissuaded a probable customer of the option holder from purchasing from him, evidence...
-Sec. 811. Whether Or Not Agent Was A Regular Broker Does Not Affect The Value Of His Services
Whether or not an agent employed to sell a piece of land is a regular broker, does not affect the competency of evidence as to the price which would be paid a broker for such services, and offered for...
-Sec. 812. In An Action For Procuring Lessee, Defendant Might Show That Lease Was Never Made
Plaintiffs, real estate agents, were to receive certain commissions for services in securing a lessee for defendant upon agreed terms, and they procured an informal agreement for a lease to be signed ...
-Sec. 813. Real Estate Man Long A Resident Of The Town Competent To Testify As To The Value Of Property
A real estate man who has long resided in x certain town and has property listed on his books in a certain addition, is competent to testify as to the value of property in that addition. Ryan v. K. C,...
-Sec. 814. Evidence Properly Excluded That Broker, Three Years After The Sale, Became Partner Of Purchaser
In an action brought by B., an agent, to recover compensation from R. for services in selling real estate of the latter, the defendant pleaded the general issue, and that at the time of the sale B. wa...
-Sec. 815. Evidence That Buyer Did Not Have Cash But Able To Obtain By Next Day, Able To Buy
Where the written contract by which defendant employed plaintiff as broker to sell lands fixed the selling price per acre, and provided for the payment of a certain sum in cash by any purchaser obtain...
-Sec. 816. Witnesses For Defendant May Be Questioned As To The Interest Purchasers Had In The Land
In an action on account for commissions transferred to plaintiff, a witness for defendant may be questioned as to the interest the purchasers had in the land, and as to what induced defendant to make ...
-Sec. 817. In Cross-Examination It Was Proper To Ask Assignor About Transaction
In an action on an account for commissions transferred to plaintiff, it was proper on cross-examination to question the assignor, who rendered the services, relative to the negotiations between the pu...
-Sec. 817a. On Cross-Examination Defendant Not Required To Answer As To Whether Note Had Been Paid
In an action for commissions for a sale of land under a contract alleged to have been made with defendant's agent, where there was evidence tending to show that the contract was entered into between t...
-Sec. 817b. On Cross-Examination Defendant Could Show He Had Become Surety On Plaintiff's Note To A Bank
In an action for a real estate broker's commissions defendant could show, on plaintiff's cross-examination that defendant had become a surety on plaintiff's note to a bank. Yates. v. Bratton (Tex. Ci...
-Sec. 818. Evidence Of The Sale Of Property, To Show Defendant's Good Faith In Refusing Loan
In an action by a loan broker for commissions against a client who had refused to complete a loan after a lender had been secured, evidence that the client had sold the property to supply him with the...
-Sec. 818a. Acts Of Purchaser Admissible On Question Of Good Faith
While the acts of a purchaser procured by a broker employed to obtain a purchaser subsequent to the time fixed for the performance of the contract can not affect the rights of the broker to his commis...
-Sec. 819. Defendant May Show Influence Other Agents Exerted On Sale
In an action for commissions, under a contract of agency for effecting a sale of real estate, the defendant, on the issue of who effected the sale, is entitled to show the influence other agents exert...
-Sec. 820. Evidence Of Dealings To Establish Relation Of Principal And Agent
In an action for a real estate broker's commissions for negotiating a purchase which defendant refused to consummate, evidence that before the agreement for purchase was reached plaintiff had submitte...
-Sec. 821. Where Defendant Demanded Return Of Contract, Can Show It Referred To Another Transaction
Where, in an action for a broker's commissions for negotiating a purchase which defendant refused to consummate, there was testimony for plaintiff that defendant had demanded the return of a writing ...
-Sec. 822. Plaintiff To Purchase Must Show Seller Able To Convey A Good Title
Under a contract whereby defendant agreed to pay plaintiff $100 for obtaining a sale to him of certain real property, plaintiff, in an action for the commission, must show that the person produced as ...
-Sec. 822a. Not Sufficient For Broker To Show That His Act Was Only One Of A Chain Of Causes Producing Sale
A broker must show that his acts were the producing cause of the sale, and it is not sufficient to show that his act was merely one of a chain of causes producing the sale. F. H. & C. B. Ger-hardt R. ...
-Sec. 823. Evidence Of Defendant Tending To Show That Option Was Only An Agreement
Where, in a suit for a commission for finding a purchaser for land, plaintiff alleged that the owner listed it with brokers, who listed it with plaintiffs firm, with the owner's con-, sent, the owner ...
-Sec. 824. Evidence Of Prior Contract As To Compensation Competent Where Conflicting
In an action by a real estate broker to recover commissions, where the evidence is conflicting as to the rate of compensation, evidence of a prior contract between the same parties for the sale of the...
-Sec. 825. Affirmative Answer Of Purchaser That He Was Ready, Etc., Not Objectionable As An Opinion
In an action by a broker for commissions for procuring a purchaser, the affirmative answer of the purchaser procured by the broker to the question as to whether he was ready, willing and able to compl...
-Sec. 826. Question To Assumed Principal, Whether Her Husband Was Acting As Her Agent, Not Objectionable
A question addressed to an assumed principal in which she is asked whether her husband was acting as her agent, is not objectionable as calling for a legal conclusion. Knapp v. Smith, 27 N. Y. 277. ...
-Sec. 827. Conversations With Purchaser's Agent Allowable To Show Unwillingness Of Purchaser
As tending to show that plaintiff procured a purchaser for defendant's timber, he may testify as to conversations with the purchaser's agent, at the appointed time and place for closing up the purchas...
-Sec. 828. Defendant May Show Another Agent Employed By Him Was The Procuring Cause Of The Sale
Where a real estate agent sues for commissions, defendant is entitled to show that the efforts of plaintiff were not the procuring cause of the sale, and to do this he may introduce evidence to the ef...
-Sec. 829. Defendant Entitled To Introduce In Evidence Letters On The Question Of Plaintiff's Employment
Plaintiff, in an action by a broker for commissions for the sale of an office building, who had for nine years been defendant's agent for handling certain real estate for him, claimed authority, never...
-Sec. 830. Proof Insufficient To Support Recovery For The Sale Of A House
Defendant, in an action by a broker for commissions, as owner of two semi-detached houses, gave a broker a written authority, without date, to sell the property, without describing it; defendant testi...
-Sec. 831. Any Parol Evidence Relied On To Make A Binding-Contract Must Be Clear And Decisive
Any parol evidence relied on to establish the authority of a broker to make a binding contract must be clear and decisive. Stengel v. Sergeant (N. J. Eq. '08), 68 A. 1106; Keim v. O'Reilly, 54 N. J. E...
-Sec. 831a. Where Uncertainty Exists Identity May Be Established By Evidence
When the identity of a thing referred to in a written contract is left uncertain, it is proper to hear evidence to determine which one of two or more things answering the description was meant by the ...
-Sec. 832. Evidence That Fell Short Of Authorizing The Agent To Sign A Contract Of Sale
After defendant had written several letters to her agent instructing him to sell her property for a specified price, the agent wrote her that several had declined her proposition, but that he was deal...
-Sec. 833. Oral Evidence Allowable To Establish An Independent Agreement To Written Contract
A contract, where the owner of real estate, in order to induce an agent to accept a stipulated sum for his services in effecting an exchange, agreed to pay him more if the sale proved satisfactory, co...
-Sec. 833a. Contract Between Owner And Purchaser Not Evidence That Broker Found Purchaser
A written agreement by prospective purchasers with the owner of land to purchase it for a stated price is not sufficient proof, in an action by the real estate broker for his commissions, that he proc...
-Sec. 833b. Court May Receive Evidence After Motion To Dismiss Petition For Failure Of Proof Has Been Made
After plaintiff's evidence was closed a motion to dismiss for failure of proof was continued until the following day, at which time plaintiff offered to show that his principal knew of the contract to...
-Sec. 833c. Evidence Of Contract Material To Determine Its Terms
Where the evidence was conflicting as to the terms of a broker's contract, whether the contract, as claimed by the broker was harsh and unreasonable, was material only to determine the terms of the co...
-Sec. 833d. Broker Must Prove Contract As Pleaded, Performance, Breach By Defendant, And Measure Of Recovery
In an action for broker's commissions, plaintiff must prove the contract as pleaded, and show performance and breach by defendant, and the measure of recovery, as alleged. Hill v. Dakin, 141 P. 175, 9...
-Sec. 834. Declarations During The Negotiations With Purchaser Are Admissible As Part Of The Res Gestae
In an action for a broker's commissions, declarations of defendant's agents as to the broker's commissions, made at the time they were negotiating and closing the deal with the purchaser found by the ...
-Sec. 835. Declarations Of Owner After The Sale Inadmissible As Part Of The Res Gestae
In an action in interpleader when the issue between the parties is as to the right to commissions for the sale of real estate, the declarations of the owner of the property sold, made some time after ...
-Sec. 836. Declarations
The expression of opinions by the court as to the materiality of evidence in ruling upon offers of testimony, are not usually proper objects of exception, but declarations or statements may be assumed...
-Sec. 837. Self-Serving Declarations Inadmissible As Evidence
In an action for commissions by a real estate broker on a contract under which it had earned its commissions, where the contract of sale was signed, defendant's self-serving declaration that the payme...
-Sec. 838. Admissions Against Interest
In an action by a real estate broker for commissions, defendant's admission that plaintiff procured the sale, as appears in the contract between the vendor and purchaser, was evidence for the plaintif...
-Sec. 838a. Long Lapse Of Time In Bringing Suit Circumstance Bearing On The Weight Of Evidence
Where nearly six years had elapsed before suit brought for broker's services, but limitations had not run, such lapse of time may be considered as bearing on the weight of the evidence. Dal-berg v. Ju...
-Sec. 838b. Evidence That Failed To Establish That Minds Of Parties Met On Amount Of Broker's Commission
In a broker's action for commission involving issue whether owners had by express contract agreed to pay a certain commission, telegram by prospective purchaser to owners stating commission wanted by ...
-Chapter XIII. Estoppels. Sec. 839. Estoppel By Representations Or Conduct
One may be estopped by his representations or conduct from repudiating a transaction. Christensen v. Wooley, 41 Mo. App. 53; Dutcher v. Empire League, 113 N. Y. S. 1083; Fonch v. Wilson, 59 Ind. 13; E...
-Sec. 840. Objecting On One Ground Estopped To Set Up Another
Where defendant authorized a broker to sell certain lots for $1,800 cash, and the broker sold for $50 cash, and the remainder on delivery of the deed and abstract, but defendant refused to complete th...
-Sec. 841. Owners Estopped To Claim That Because They Refused To Carry Out Agreement There Was No Sale
Where the owners of real estate agreed to sell to a purchaser procured by their broker, and the purchaser paid $10 of the price, the owners were estopped, when sued for commissions for making the sale...
-Sec. 842. After Acceptance Of Purchaser Owner Can Not Object To Pay Broker On Account Of Purchaser's Inability To Pay For The Property
One who employs a broker to negotiate a sale can not, in an action for the commissions, avail himself of the objection that the customer is unable to pay for the premises, if the vendor has accepted t...
-Sec. 843. Owner Estopped To Say Contract Too Indefinite
An offer to buy 290,000 feet of land to be taken from a parcel containing 500,000 feet, said 290,000 feet to be divided as to front and back lands from the whole parcel as nearly equal as is possible,...
-Sec. 844. Purchaser Who Paid Money To Vendor's Agent Estopped To Deny The Latter Represented Him
A purchaser who paid money to a real estate agent employed by his vendor to induce the agent to assist him in the transaction is estopped to deny that the agent is his agent, when suit is subsequently...
-Sec. 845. Receipt Of $300 Estopped Owner To Say Contract Of Agency Was Invalid
Plaintiff, vendee, who brought suit against agents to recover money paid on an invalid contract of sale, can take nothing by the fact that the appointment of the agent to sell the land was verbal; the...
-Sec. 846. In A Suit Against Broker To Account, Vendor Estopped To Allege Invalidity Of Sale
Where a vendor of land instituted a suit against his agents, real estate brokers, to recover a part of the purchase money in their hands and retained by them as commissions, he was thereby estopped to...
-Sec. 847. Principal Estopped To Claim Rent Paid By Tenant To Purchaser
Where a general agent, having power to sell a piece of land, limited only in the method of payment, and the agent having control of a building on the land, upon a sale of the land at public auction, a...
-Sec. 848. Parties Discovering Double Agency Pending Negotiations And Not Dissenting Thereto Estopped
If pending negotiations the parties discover the double agency of the broker, and, without objecting, go on and, nevertheless, consummate the transaction, they can not, by reason thereof, refuse to pa...
-Sec. 848a. Party To Exchange Estopped By Act Of Agent
A party to a contract for an exchange of real estate is estopped by the act of his agent, though such agent, without the knowledge of the other party to the contract, represented both parties in the t...
-Sec. 849. Bank Receiving Benefits Estopped To Deny Authority To Sell
Where a bank agrees to pay a real estate broker a commission on the sale of land it can not set up as a defense that, under the law of the State in which the land is situate a bank is prohibited from ...
-Sec. 849a. Defendant Estopped From Denying Broker's Authority As His Agent
Where defendant did not prompt representation and sale by a broker to plaintiff; held, that defendant was thereafter estopped from denying broker's authority. Portsmouth Oil Refining Corp. v. Madrid C...
-Sec. 850. Vendee Knowing Of Fraud Of Agent Can Not Insist On The Validity Of The Sale
Where one takes a conveyance from an agent authorized to sell and convey land, knowing of the fraud or breach of trust of the agent, he can not insist on the validity of the sale. Morris v. Terrill, 2...
-Sec. 851. Landlord Estopped To Deny Agent's Authority To Accept Waiver Of Privilege Of Renewal
Where a landlord accepted the waiver of the tenant's privilege of renewal, procured by his agent from the tenant, he was estopped to deny the agent's authority in the premises. No. 121 Madison Ave. v....
-Sec. 852. Broker Not Estopped By Error To Plead Incorrectness
The delay of a broker to complain of an order in regard to his commissions on a sale made by him for the receiver of an insolvent bank, does not estop him from asserting its incorrectness, in the abse...
-Sec. 853. Agent Not Estopped To Claim Commissions Because Memo, Of Agreement Described Defendant As Owner Of Property To Be Sold
An agent under a contract to sell real estate on commission is not estopped from claiming his commissions because the memorandum of the agreement describes defendant as the owner of the property to be...
-Sec. 854. Seller Estopped To Allege Its Representative Had No Authority To Employ A Broker
Where a real estate broker makes a sale, the seller accepting the sale and claiming benefits thereunder is precluded from setting up, as against the broker's claim for commissions, the want of authori...
-Sec. 855. Principal Not Estopped To Show Commissions Not To Be Paid For Until Contract Fully Completed
In an action for commissions for procuring purchasers of land, a letter from the defendant to the plaintiffs stating that they had not received all the earnest money, part of it remaining in escrow in...
-Sec. 856. Joint Owner Not Repudiating Agent's Fraud, Estopped To Deny Connection Therewith
A joint owner of real estate who consents to a listing thereof by his co-owner with real estate agents for sale, receives part of the consideration, and never repudiates the sale made by the agents, a...
-Sec. 857. Brokers Purchasing Bonds, Pretending To Act For Third Parties, Estopped, When Found Worthless, To Recover
Plaintiffs, as brokers, entered into a contract for the purchase of certain bonds, claiming to act for an undisclosed principal, and stipulating that they should in no manner be held liable on the con...
-Sec. 858. Equitable Owner Estopped To Deny Agent's Authority
A contract of sale of realty was made by one having no title nor authority in writing to execute such an instrument; the attorney for the purchaser was informed by the equitable owner that such person...
-Sec. 859. Broker's Silence Ineffective To Estop From Recovering Commissions
Where defendant, a real estate broker, contracted to pay plaintiff, another broker, one dollar per acre if he would furnish a purchaser for a certain farm at $37.50 per acre, including the crops, and ...
-Sec. 860. Broker Turning Property Over To Another To Sell, Estopped To Claim Commissions On Sale By Latter
An agent for the sale of lands who turns the property over to another to sell, with consent of the owner, and thereafter does nothing to effect a sale, loses his right to a commission, not on the grou...
-Sec. 860a. Broker Estopped To Claim For Benefit To Party He Did Not Represent
Where brokers who consummated exchange of properties did not assume to represent one owner, but acted as agents for other party, brokers for first party could not say their acts as agents for other pa...
-Sec. 860b. Where Broker Waived One Commission In Hope Of Future Favor, On Second Failing, Can Not Sue For Breach And Rely On Defendant's Estoppel To Deny The Released First Commission As Damages
Where a broker foregoes a commission on a sale of land, as consideration for placing other lands in his hands for sale at a net price, he can not sue for breach of the second contract and rely on such...
-Sec. 861. Owner Concluding Sale With Purchaser Furnished By Broker Estopped To Claim It Was Done Independently
Where defendants gave plaintiff an option to effect a sale of coal properties, if sold within a certain time, on a stipulated commission, and agreed to assist plaintiff in the sale thereof, defendants...
-Sec. 862. When Action Tried On Theory Of Written Contract, Estopped On Appeal To Claim It Was Verbal
Where an action was tried by both parties on the theory that the contract sued on was a written one, and defendant requested several instructions which so stated, he could not, on appeal, be heard to ...
-Sec. 862a. That Broker And Purchaser Conspired To Defraud Vendor Did Not Estop The Purchaser To Sue For Misrepresentation As To The Acreage Purchased
That vendor's broker, the purchaser and another conspired to defraud vendor by retaining a part of the price, did not estop the purchaser to sue the vendor for the broker's misrepresentation as to acr...
-Sec. 862b. Conspiracy Of Parties To Sale To Deprive Broker Of Commissions
It is immaterial to a real estate agent's rights to a commission on a sale procured by him that he did not obtain an offer for his principal on terms as good as those on which the sale was made, where...
-Sec. 862c. Cases Applying Doctrine Of Estoppel
(1) Where pending negotiations by brokers with a prospective customer, the owners took the negotiations into their own hands, and were able only to procure an option contract, they were estopped to de...
-Chapter XIV. Sec. 863. Dismissal Of Action, When Proper
A motion to direct a verdict for defendant without special ground, should be granted where the plaintiff's evidence wholly fails to show such performance on his part as is necessary to entitle him to ...
-Sec. 864. Dismissal Of Action, When Error
Evidence in an action to recover commissions for the sale of real estate was held to show that the owner had reasonable cause 728 to believe that the party to whom he sold the property was sent to him...
-Sec. 865. Non-Suit
In the absence of any evidence to show that the sale by defendant to his brother and the subsequent conveyance by him to B., was done to defraud plaintiff of his commissions, he could not recover them...
-Sec. 866. Prima Facie Case
Testimony that a deed was tendered to the principal, in pursuance of an agreement between the parties, is sufficient prima facie, to sustain a finding that it was delivered within thirty days. Beebe...
-Sec. 867. Issue As To Which Of Several Brokers Effected A Sale
On the issue of which of several rival brokers effected a sale so as to entitle him to commissions, it is proper to show by the purchaser his state of mind regarding the purchase after he had left the...
-Sec. 867a. Issue Of Good Faith Of Defendant In Abandoning Negotiations
In an action by real estate brokers to recover commission, where it appeared that after considerable negotiations with plaintiffs' customer, both such customer and defendant informed plaintiffs that t...
-Sec. 868. Issue As To Whether Defendant Agreed To Pay Plaintiff Twenty-Five Cents Per Acre And Five Per Cent, On Balance
In an action for a balance claimed to be due for selling a large tract of land for defendant, where the issue is whether defendant agreed to pay plaintiff the sum of twenty-five cents per acre and a c...
-Sec. 869. Issue As To Indebtedness Existing At Beginning Of Action For Undisclosed Services
In an action for a broker's commissions, the only allegation in plaintiff's complaint, showing the liability of defendant, was that within two years prior thereto the defendant became indebted to plai...
-Sec. 870. Issue In Action For Commissions For Sale Of Real Estate To Stock Company
In an action for commissions for effecting a sale of land, the petition alleged that the land was placed in plaintiffs' hands by a written contract of sale at the price of $50,000, and that they were ...
-Sec. 871. Issue As To Procuring Cause Of Sale, What Not Controlling
The fact that plaintiff did not inform defendant that the purchaser was his customer before the sale, was not controlling on the issue as to whether plaintiff was the procuring cause of the sale to hi...
-Sec. 871a. To Avoid A Contract Issue Must Be Presented By The Pleadings
A land contract entered into by the purchaser's agent can not be avoided by the purchaser, in a suit to enforce the purchase money notes, because the agent also represented the vendor, where that fact...
-Sec. 872. Issue Presented By Amendment To Answer False And Misleading
On the trial of a cause the defendant obtained leave to amend his answer by alleging that after making the sales named they (plaintiffs) complained that the prices were too high, as named by defendan...
-Sec. 873. Issue Whether Authority To Make A Sale Was Subject To Wife's Approval
In an action by a broker for commissions for making a sale of realty, where the defense set up in the answer was, that the broker was employed to sell the property upon the express understanding that ...
-Sec. 873a. Evidence Held Not To Raise Issue Of Revocation Of Authority To Sell
In an action by a broker for commission earned by producing a purchaser to whom defendant refused to convey, evidence held not to raise the issue of revocation of authority to sell. Mauser v. Hurdle, ...
-Sec. 874. Variance, Broker Can Not Declare As For Performance And Recover Damages For Breach
Under a written agreement of a land owner to pay a. broker a certain sum if he should send or cause to be sent to the land owner a person with whom the latter may see fit and proper to effect a sale ...
-Sec. 875. On Claim For Selling Property, Broker Can Not Recover As A Middleman
A complaint which alleged that complainants were real estate brokers and that defendant, well knowing the fact, gave them an option on his property and agreed to pay a commission for their services in...
-Sec. 876. In Order To Take Advantage Of Variance Defendant Must Make Timely Objection
In order to take advantage of a variance between the allegations of a petition and the proof, defendant must make objection in the trial court to the introduction of evidence on that ground and show b...
-Sec. 877. Allegation To Pay 5 Per Cent. On Any Amount, Not Sustained By Evidence If Sold For $5,000
An allegation that defendant agreed to pay 5 per cent. on the amount for which he should sell the mill of defendant, whatever it might amount to, is not sustained by evidence that defendant agreed to ...
-Sec. 878. Allegation That Rights Sold Comprised 50,000 Acres Not Sustained By Proof Of 35,000
Counts in a complaint alleged that plaintiff acted for a third person in a sale to defendant of turpentine rights belonging to a third person; that the rights sold extended to the trees comprised in 5...
-Sec. 879. No Variance Between Allegation For Fee On Cost Of Houses, And Proof Including The Grounds
In an action by a real estate broker for commissions the declaration alleged that plaintiff rendered services in procuring for defendants a contract for the erection of a number of houses, and that de...
-Sec. 879a. Slight Excess In Acreage Not A Material Variance
Findings of fact in an action for commissions for the sale of land, that the purchasers to whom the agent sold took 320 acres, did not limit the amount of land sold to 320 acres so as to defeat the ac...
-Sec. 879b. Immaterial Variance Between Description Of Land Conveyed And In Broker's Authority
In a broker's action for commissions for an exchange of property conveyed after defendant had examined the property and accepted abstracts and a deed thereof; held, that a variance between the descrip...
-Sec. 880. Agreement For Sale And Proof Of An Exchange, Not A Fatal Variance
Where a declaration alleges an agreement on a sale of real estate, proof of an exchange of the property is not a fatal variance, if defendant is not misled. Whitaker v. Engle, I11 Mich. 205, 69 N. W...
-Sec. 880a. No Material Variance Between Allegations And Proof
There is no material variance between the petition, in an action by a broker for commissions, which alleges his employment to procure a purchaser for a specified commission, the procurement of a purch...
-Sec. 881. No Variance Where Plaintiff Was To Be Paid $60 For Services And Proof Of 2 Per Cent, On $3,000
There is no variance between the pleadings and proof, where the petition avers that plaintiff was to receive $60 for his services, if he assisted in selling certain realty, and the proof of plaintiff ...
-Sec. 882. Claim For Given Sum And Proof Of Smaller No Variance Where Defendant Was Not Misled
Where plaintiff claims he is entitled to a given sum under a contract, he is entitled to recover, though the proof shows that he was entitled to a smaller sum, unless the variance has misled defendan...
-Sec. 882a. No Variance Between Allegations And Proof Of Commission To Be Paid To Broker
There was no variance between an allegation that it was understood that plaintiff should receive the usual and customary commission paid real estate agents, and proof of a parol agreement, without any...
-Sec. 882b. Variance As To Amount One Party To Proposed Trade Was To Pay To The Other
There is a variance where proof and allegations in petition in broker's action for commission differ as to the amount one party to proposed trade was to pay to the other. Britton v. Eagan, 196 S. W. 9...
-Sec. 883. On Allegation Of Special Contract, Can Not Recover On Implied Agency
Under an allegation of a special contract of employment to sell property, recovery can not be had upon an agency implied from an acceptance of the agent's services. Bassford v. West, 124 Mo. App. 248,...
-Sec. 883a. Where Express Contract Alleged, Can Not Recover On Implied One
Even if the notes were sufficient to show an implied contract for commissions on a sale of defendant's farm, there could be no recovery where only an express contract was declared on. Smith v. Robinso...
-Sec. 884. Contract Made In April, Not Sustained By Proof Of Similar Made In August
Where the petition in an action by a broker for commissions sets forth a cause of action based on a contract of employment entered into in April, there can be no recovery on proof showing a contract m...
-Sec. 884a. Variance Between Allegations And Proof
Where, in an action by a broker for commissions for having procured a purchaser for defendant's land, the plaintiff alleged that he procured a certain person as purchaser, and the evidence showed tha...
-Sec. 884b. Variance Between Allegation And Proof
Where, in a suit for broker's commissions upon an express contract, plaintiff claimed that he was to receive all of the selling price above $30 per acre, and defendants denied any contract for commiss...
-Sec. 884c. Variance Between Allegations And Proof As To Excess To Broker For Commission
Proof of the defendant owner's contract to convey to plaintiff for a certain amount in cash, leaving him to retain any greater sum which he might receive from another purchaser; held, at variance with...
-Sec. 885. Evidence At Substantial Variance With Allegations Inadmissible
The complaint must allege either performance or a valid excuse for non-performance, and the proof must conform to the allegations of the petition. Daly v. Russ, 86 Cal. 114, 24 P. 867; Norman v. Reuth...
-Sec. 886. Allegation That Land Was Conveyed To Two And Proof Of To But One, Not A Material Variance
In an action for a broker's commissions on a sale of land, where the complaint alleges that the land was conveyed to two persons, and the finding is that it was conveyed to one of these, the variance ...
-Sec. 886a. Evidence Which Did Not Establish A Variance
Where the basis of an action was a promise to pay commissions for the sale of land, it was immaterial whether the land belonged to defendant or his wife, or whether it was a separate contract or an un...
-Sec. 886b. No Variance Where Joint Contract To Pay Commission Alleged And Several Contracts Proved
In a real estate agent's action for a commission, alleging a contract whereby defendants jointly contracted to pay a commission for a sale of land, wherein the court found, on sufficient evidence, tha...
-Sec. 887. Variance In Date Not Material, Where Contract Was Made Before The Sale And Within The Time
In an action to recover commissions under a contract for the sale of land, proof that the contract was made on the exact date alleged is not required, since, while it is necessary to allege the date w...
-Sec. 887a. Variance In The Terms Of Contract Released Agent From Liability
A real estate agent who received a part payment of the purchase money on a sale, conditioned that the offer be accepted by the owner on the terms and conditions specified or the money be returned, is ...
-Sec. 887b. Action On Contract For Commission And Proof Of Breach Not A Variance, But Failure Of Proof
Under Rev. Laws 1910, Sec. 4786, where the cause alleged is on a broker's contract for commission, and the proof shows it to be a cause for the defendant owner's breach of his contract to sell to the ...
-Sec. 887c. Fatal Variance Between Allegation And Proof
In a broker's action for compensation, there is a fatal variance between allegation that plaintiff sold land for defendant for a specified commission, and proof that land was owned by another, that pl...
-Sec. 887d. Failure To Prove That Broker Was Procuring Cause Of Lease Not A Fatal Variance
Where complaint alleged that defendants agreed with plaintiff, in consideration of his performing services, to give him exclusive right to secure an option for a lease on defendants' mining property, ...
-Sec. 887e. Fatal Variance Between Contract Alleged And That Proved
There was a fatal variance between pleading and proof, where broker, in an action to recover commission for furnishing a purchaser, alleged that plaintiff effected a sale for the amount asked, of whic...
-Sec. 887f. Proof Of Agreement To Split Commission Does Not Support Allegation Of Per Centage On Purchase Price
A complaint alleging that defendant, the second broker with whom plaintiff listed lands, agreed, in event of sale, to pay plaintiff one-half of a percentage of the purchase price, is not supported by ...
-Sec. 887g. No Variance Where Proof Included The Terms Set Up In The Complaint
Where complaint alleged the plaintiff was employed as a real estate broker to procure a purchaser for land for $55,000, and that defendants agreed to pay plaintiff a commission of 2% of stated selling...
-Chapter XV. Questions To Be Determined By The Jury. Sec. 888. In An Action For Commissions, Whether Parties En-Tered Into A Contract, A Question For The Jury
In an action to recover commissions for purchasing property for defendant, whether a contract such as stated in the complaint was entered into, was a question for the jury, and it was error to direct ...
-Sec. 889. If Party Adduces Evidence To Justify A Verdict, Error To Take From The Jury
It is the peculiar province of the jury to pass upon questions of fact, and the issues of fact, as well as of law submitted to the court for determination. A jury not having been waived, it was error ...
-Sec. 890. Question Of Ability, Readiness And Willingness Of Customer To Perform The Contract Is For The Jury
Whether the broker's customer was able, ready and willing to enter into the transaction is for the jury to determine. Mc-Dermott v. Mahoney, 119 Iowa, 470, 93 N. W. 499; Hamill v. Basenhover, 110 Iowa...
-Sec. 891. Whether Defendant Prevented Sale, Exchange, Lease Or Loan
Whether the defendant prevented a sale, an exchange, a lease or a loan is for the jury to determine. McDermott v. Mahoney, 119 Iowa, 470, 93 N. W. 499; Wright v. Young, 176 Mass. 100, 57 N. E. 212; Gr...
-Sec. 892. Whether The Services Were Rendered With Expectation Of Reward
Whether the services performed by plaintiff in finding a purchaser were rendered with the mutual understanding that they were to be paid for, should have been submitted by the jury. Armstrong v. Ft. E...
-Sec. 893. Whether Employed As A Broker And Authorized To Do The Acts Claimed
It is for the jury to determine whether plaintiff was employed as a broker and authorized to perform the acts for which he claims compensation; in case of a conflict of testimony it is error for the c...
-Sec. 894. The Question Of The Authority Of Principal's Agent To Employ A Broker
The authority of the principal's agent, in this case his father, to employ a broker is a question of fact that should have been submitted to the jury. Phillips v. Hazen, 122 Iowa, 475, 98 N. W. 305; C...
-Sec. 895. Question Of Ratification
Questions involving ratification should be submitted to the jury. Center v. Conglomerate Min. Co., 23 Utah, 165, 64 P. 362; Mc-Mullin v. Reighard, 92 A. 747, 246 Pa. 589; Maddox v. Harding, 135 N. W. ...
-Sec. 896. Whether The Broker Was The Procuring Cause Of The Transaction
Whether the broker was in fact the procuring cause of the transaction entered into by the principal with the customer is properly left to the jury to determine. Smith v. Anderson, 2. Ida. (Harb.), 537...
-Sec. 897. Whether The Contract Given To The Broker Was Exclusive
In an action to recover commissions for a sale of real estate, plaintiff alleged a contract whereby defendant agreed to pay him a certain sum if he would find a purchaser for his property, and that he...
-Sec. 898. Proper To Take From Jury When Broker Sold For Less Than Instructions Authorized
A broker hired to sell property at a certain price, can not recover commissions for effecting a sale at a lower price, and the appellate court held that the case was properly taken from the jury. Will...
-Sec. 899. Whether Agent Procuring Mortgage With Wrong Description Was Guilty Of Negligence
In an action by a principal against her agent for negligence in procuring a mortgage to be executed in her favor in which the land was wrongly described. Held, that it should be left to the jury to sa...
-Sec. 900. Where The Rate Of Compensation Is Not Fixed A Question For The Jury
Where an agent has been employed to sell land at no fixed rate of compensation, the jury are to fix the value of his services in the premises from the work done; and in fixing the amount, the rate usu...
-Sec. 901. Where The Claim Of Plaintiff To Commissions Is Contested, Has A Right To Go To The Jury
In an action to recover $100 agreed to be paid for procuring a purchaser of certain property, plaintiff testified that defendant, to whom the owner of the property owed money, wished the property sold...
-Sec. 902. Where Agent Procured Purchaser And Two-Eighth Interest Unpurchasable, Whether Entitled To Full Commissions
A real estate broker had found a purchaser at the price stipulated for land purported to be owned by his principal, and was then referred by him to other tenants in common, with whom he subsequently m...
-Sec. 902a. On Breach By Owner, Whether Broker Entitled To Full Commission A Question For The Jury
Where defendant by a breach of contract prevented the payment of the purchase price of real estate, question whether plaintiff, as his sales agent, was entitled to full commission, under the contract,...
-Sec. 903. Question Of Allowing Interest On Claim For Commissions Is For The Jury
The matter of allowing interest on a claim for commissions for producing a purchaser should be left to the discretion of the jury. Schamberg v. Auxier, 101 Ky. 292, 19 Ky. L. E. 548, 40 S. W. 911. ...
-Sec. 904. Evidence Of Continuing Offer, Acceptance And Performance By Plaintiff
In an action for services in selling an estate for the defendant, it appeared that the defendant told the plaintiff that he would give him a certain sum if he would obtain a purchaser, that the plaint...
-Sec. 905. Whether The Attorney In Fact Executed And Delivered A Certain Paper To The Broker
In an action by a broker for the recovery of commissions earned in procuring an exchange of real property, evidence held to require submission to the jury of the question whether the attorney in fact ...
-Sec. 906. In Conflicting Testimony As To A Contract, The Meaning Thereof For The Jury
In an action to recover a broker's commissions for a sale of real estate, the contract provided that on a sale the broker should be entitled to a commission of $150 if title is taken, there was evid...
-Sec. 906a. Question As To Modification Of Contract For The Jury
In an action to recover commissions for selling real estate, where it appears that the commissions were to be paid as certain installments of the purchase money were received, the case is for the jury...
-Sec. 907. Whether Broker Did Not Act Merely As Sub-Agent
In an action by a real estate broker for his commissions in securing a purchaser, evidence examined and held to require submission to the jury of the question whether the broker did not act merely as ...
-Sec. 908. Error To Direct Verdict For Defendant Because Husband Did Not Join, Should Have Been Left To The Jury
In an action by a real estate broker to recover compensation for furnishing a purchaser for defendant's land, where a part of the consideration to be paid was an exchange of homestead property owned b...
-Sec. 909. Which Of Rival Brokers Effected A Loan
Plaintiff, a broker, called on one of a committee of two appointed by a corporation to secure a loan for it, and stated that the loan could be obtained from a certain company, and that he had spoken t...
-Sec. 910. Error To Submit To Jury Where Broker Carried On No Negotiations With The Purchaser
Where, in an action by the assignee of a broker to recover commissions for a sale of real estate, plaintiffs assignor testified that he was acting for the purchaser when he approached defendant, and t...
-Sec. 910a. Evidence Held Insufficient To Submit To Jury, Not Showing Broker's Employment
In a suit in which plaintiff claimed a commission for effecting a sale of oil and gas properties, evidence held insufficient to carry case to jury, not showing plaintiff's employment or defendant's ag...
-Sec. 911. Whether Failure To Consummate Sale Was The Fault Of The Principal
In an action by a broker for his commissions for securing a purchaser, evidence examined and held sufficient to take to the jury the question whether the failure of the consummation of the sale was ow...
-Sec. 912. Whether The Sub-Agent Concealed His Relation From The Owner
In an action by a real estate agent for commissions, the owner testified that when the agent's sub-agent introduced a purchaser, the latter stated he wished to deal direct with the owner, who then sta...
-Sec. 912a. Whether The Broker Was Acting For Opposite Party A Question For The Jury
The issue as to whether the broker was acting for the opposite party should be submitted to the jury. Summa v. Dere-skiawicz (Conn. Sup. '09), 74 A. 906; Crawford v. Surety Inv. Co., 139 P. 481, 91 Ka...
-Sec. 913. Whether Actual Negligence Of Broker Prevented A Sale
In an action to recover commissions for a sale of land, where the evidence shows that the intended purchaser was able, ready and willing to perform, but defendant claims that plaintiff prevented the f...
-Sec. 914. Whether Broker Knew Of Minor's Interest Which Caused Failure Of Sale
In a suit between a broker and his principal involving the broker's right to a commission, whether the broker had knowledge of the minor's interest, which caused the failure of the sale, before he obt...
-Sec. 915. Whether Broker Acted In Good Faith A Question For The Jury
In an action by a broker for commissions for selling defendant's real estate. Held, that whether the plaintiff was acting in good faith for defendant's interest was a question for the jury. Roome v. B...
-Sec. 916. The Terms Of The Agreement With The Broker To Procure A Loan
In an action for commissions for securing a loan, where the evidence for plaintiff, though contradicted by defendant, tends to show an agreement to pay one per cent. on the amount of the loan to be se...
-Sec. 917. Where Sale Was Made To Customer After Withdrawal From Broker, It Was Error To Submit To Jury
In an action for commissions on a sale of real property, it appeared that the purchaser had been informed that defendant's property was for sale, and had written defendant, before he met plaintiff or ...
-Sec. 918. Where Defendant Promised Plaintiff Additional Compensation If Found Satisfactory
In a suit to recover the reasonable value of services in effecting an exchange of real estate, when the defendant set up that plaintiff had agreed to aecept $500 for his services, but there was eviden...
-Sec. 919. Whether Time For Performance Has Been Waived Or Contract Continued
Whether there is evidence that the time given a real estate broker to procure a purchaser has been waived, or the contract has been continued, is for the jury. Ice v. Maxwell, 61 W. Va. 9, 55 S. E. 89...
-Sec. 920. Whether Plaintiff Attempted To Mislead Defendant
In an action to recover a commission for services in bringing about an exchange of land. Held, whether plaintiff attempted to mislead defendant upon a material matter connected with the transaction wa...
-Sec. 920a. Question As To Whether Defendant's Defense Was An Afterthought Was For The Jury
Where, in an action by an assignee of a contract for the sale of land, made through a broker, against the principal for breach of the contract, the defense was that the contract had been procured thro...
-Sec. 921. Whether The Owner Acted In Good Faith In Himself Selling The Property
On the trial of an action by real estate agents for commissions on a sale of property, it was error to award a non-suit, where the evidence showed that plaintiffs had defendant's property in their han...
-Sec. 922. Whether A Limitation Of Time Was Placed Upon The Contract
An owner agreed to pay a broker a specific commission on his procuring a purchaser of real estate; at a subsequent interview on the same day, when the prospective purchaser was urged to conclude the p...
-Sec. 922a. Question As To Authority Of Agent Is For The Jury
While the question of the authority of an agent is for the jury, when that is disputed, the court should declare whether a given act is in excess of the agenfs authority, so that, in an action for com...
-Sec. 923. Whether Negotiations Were Abandoned And Sale Resulted From New
Evidence held sufficient to warrant submitting to the jury the question whether the negotiations through plaintiff were abandoned and the sale ultimately made to the purchaser introduced by him was th...
-Sec. 924. Whether The Contract With Broker Was Rescinded
In an action to recover compensation under a contract for commissions to be paid plaintiff for selling defendant's land, whether or not the contract was mutually rescinded was for the jury. Larson v. ...
-Sec. 925. Whether Defendant Purchased The Property, Though The Deed Was Taken In Name Of Wife
Evidence that defendant purchased the land and so was lia-hle for the services of plaintiff, to be paid for if defendant made the purchase. Held, sufficient to go to the jury, though the contract of p...
-Sec. 925a. Evidence Warranted Submission To Jury On Question Whether Plaintiff Was A Joint Purchaser
In an action by a land broker for commissions, evidence held to warrant submission to the jury whether plaintiff was a joint purchaser. Smith v. Fears (Tex. C. A. '09), 122 S. W. 433. ...
-Sec. 926. What Is A Reasonable Time To Find A Purchaser
A broker employed by the owner to find a purchaser without any specification of time, has a reasonable time, which is for the jury to determine. Hurst v. Williams, 31 Ky. L. R. 658, 102 S. W. 1176; Ol...
-Sec. 927. Whether Compensation For Collecting Rents Covered All Of Broker's Services
Where, in an action for the services of a real estate agent in procuring defendant a tenant for her hotel, plaintiff claimed that his services were reasonably worth five per cent. of the rent for the ...
-Sec. 928. Whether An Owner Dealing With A Customer Of Another Broker Became Liable To Latter
Whether an owner employing several brokers to procure a purchaser dealt with knowledge of the facts through one broker with a customer procured by another broker, and thereby became liable to the latt...
-Sec. 929. Whether The Person With Whom The Owner Contracted Was An Agent Of The Broker
In an action for commissions for procuring a purchaser for land pursuant to a contract between the alleged agent of the broker and the owner of the land, whether the person with whom the owner contrac...
-Sec. 929a. Improper To Submit A Question Of Law To The Jury
Questions of ultimate fact only are to be submitted to the jury; the question under consideration is double. Whether a contract was entered into between the plaintiff and defendant is a mixed question...
-Sec. 929b. Meeting Of Minds On Contract Of Sale
Plaintiff, after negotiating for sale to S. of timber land, on which defendant had an option, in which S.'s only offer was $90,000 for such timber and that of certain other adjoining tracts, which off...
-Sec. 929c. Questions Determinable By Juries
(1) In a broker's action for commission on sale which was not completed, whether there was an agreement as to the payment of a commission; held, a question for the jury. Worthen v. Stewart, 172 S. W. ...
-Sec. 929d. Questions Of Law For The Court
Whether a contract between the owner of land and a principal made the payment of a commission to the agent contingent on the purchaser making the payments provided for by the contract, was a question ...
-Chapter XVI. Instructions To Juries. Sec. 930. Instructions Must Not Assume As Proved, Matters Which Are In Issue
Instructions must not assume as proved, matters which are in issue in the case. Swigert v. Hawley, 140 I11. 186, 29 N. E. 883; Cassady v. Carrahan, 119 Iowa, 500, 93 N. W. 386; Richardson v. Hoyt, 60 ...
-Sec. 931. That Defendant Was Liable Where Compensation For Services Was Expected
It was proper to instruct the jury that defendants were liable for the value of plaintiff's services, if they were of such a character and rendered under such circumstances as would indicate to a reas...
-Sec. 932. Instructions Must Conform To The Evidence In The Case
Instructions must be in conformity with the evidence adduced in the case, and instructions which impliedly assume the existence of evidence which was not given are erroneous. Leech v. demons, 14 Colo....
-Sec. 933. Defendant Sued By Broker Entitled To Instruction Which Assumes He Acted As Such
A defendant sued by a broker for commissions is entitled to an instruction which assumes plaintiff to have acted as broker, where the declaration alleged that defendant agreed to pay plaintiff a fixed...
-Sec. 934. An Instruction Should Be Given, On Request, That Broker Must Have Been The Procuring Cause Of Sale
An instruction that the broker must have been the procuring, cause of the sale, in order to entitle him to a commission, should be given on request, where that point is in issue. Hinds v. Mc-Intyre, 8...
-Sec. 934a. Error To Charge Under Contract Involved That If Plaintiff Was Procuring Cause Of Sale He Was Entitled To Recover Commissions
A broker sued to recover commissions for selling defendant's real estate, and testified that during defendant's absence he exhibited the premises to one who, after defendant's return, purchased for $2...
-Sec. 934b. Instructions Erroneous For Omitting That Plaintiff Should Be Found To Be The Procuring Cause Of The Sale
Real estate brokers, in their complaint for compensation, alleged that defendant gave them the exclusive agency to sell a certain tract of land, their compensation to be a percentage on the price obta...
-Sec. 935. Instruction That Broker Should Bring Buyer And Seller Together And Effect A Purchase
Where no other instruction defining a broker's duty is given, it is error to refuse an instruction that the duty of a broker is to bring the buyer and seller together and effect a purchase of the prop...
-Sec. 936. Where Instructions Cover Case Generally, Failure As To Particular Detail Not Error
If the instructions cover the case generally, the failure to instruct concerning particular details is not error, in the absence of a request to specifically charge on that point. Bickart v. Hoffman, ...
-Sec. 937. Court Not Bound To Use The Identical Language, If Substantially The Same It Is Sufficient
The court is not required to use the same language in which the charge offered is expressed; it is sufficient if the instruction given is essentially similar to that requested. Walker v. Rogers, 24 Md...
-Sec. 938. Employing The Word "Furnished" Instead Of "Procured" Not A Departure
Where defendant agreed to pay commissions for sales of land to customers procured by plaintiff, an instruction that defendants were liable if plaintiffs furnished customers, is not a departure fro...
-Sec. 939. Where Evidence On Given Fact Is Undisputed, The Court Should So Instruct
Where the evidence on a given fact is undisputed the court should so instruct the jury. 0 'Callahan v. Boeing, 72 Mich. 669, 40 N. W. 843. ...
-Sec. 940. Instructions Are To Be Considered As A Whole, And Unimportant Defects Are Not Fatal
Instructions are to be considered as a whole, and if they are correct and sufficient, defects in unimportant particulars are not necessarily fatal. Blake v. Stump, 73 Md. 160, 20 A. 788, 10 L. R. A. 1...
-Sec. 941. Instruction Proper As To Burden Of Proving A Particular Fact In Issue
It is proper to instruct as to who bears the burden of proof and an instruction that conduct which imputes bad faith upon the part of an agent to sell real estate must be shown by the party claiming i...
-Sec. 942. Instruction Erroneous That Burden Is On Party To Prove A Fact Not Denied
In charging the jury it is error to place the burden on a party to prove facts which are not denied. Anderson v. Bradford, 102 Mo. App. 433, 76 S. W. 726. ...
-Sec. 943. Instruction Properly Refused, As Too Broad
Where plaintiff averred that he was to have all proceeds of sales over the net price and defendant denied this, and counter-claimed that plaintiff agreed to sell the lots for one dollar per front foot...
-Sec. 943a. Modification Of Instruction To Jury
In an action on a contract to recover compensation for selling real estate, instruction that defendant had a right to revoke the contract and deprive plaintiff of compensation; held, properly modified...
-Sec. 944. Error To Leave Compliance With Contract To Jury, That Being A Question Of Law
In an action by a broker to recover commissions for a sale of land, an instruction leaving it to the jury to determine whether the plaintiff had complied with his contract so as to entitle him to reco...
-Sec. 945. Error To Instruct That Broker Was Entitled To Commissions On Finding Purchaser, When Principal's Approval Was Necessary
Where a contract of sale was to be approved by the owner, an intruetion that plaintiff was entitled to commissions if he found a purchaser, though defendant refused to carry out the trade, was erroneo...
-Sec. 946. Instruction Based Upon Wrong Hypothesis Is Erroneous
In an action by a broker for commissions lost, the plaintiff alleged that defendant gave plaintiff the exclusive right to sell the property for $3,000, defendant reserving only the right to sell the p...
-Sec. 947. Instruction Held Erroneous That Placed Undue Stress Upon Payment As Indicating The Principal
On the question as to whether W. acted as agent for plaintiff or defendant, a charge that, in this connection the jury should consider from whom W. got his pay, whom he asked to pay him, and the fact ...
-Sec. 948. Instruction That, If By The Terms Of The Contract
the broker had nothing to do, there was no consideration for the promise, is proper. In an action for real estate commissions, defendant is entitled to an instruction that if, by the terms of the con...
-Sec. 949. An Instruction Is Objectionable If Jury Not Directed That Belief Must Rest On Evidence
An instruction is objectionable if the jury are not directed that their belief must be based on the evidence. Champion Iron Fence Co. v. Bradley, 10 I11. App. 328. See also Sec. 1038. ...
-Sec. 950. Instruction That Plaintiff Was Entitled To Recover $1,000, Erroneous, Where Nothing To Show Brokers Got It
In assumpsit by a principal against real estate brokers for money had and received, an instruction that if the brokers sold the principal's farm for $11,000, but accounted to him only for $10,000, the...
-Sec. 951. Instruction Properly Refused Which Contemplated That No Leases Were Made Except Through Brokers
In an action to recover brokerage for effecting a lease of real property, plaintiff did not allege that he had been employed by defendant, but alleged that defendant accepted plaintiff's services with...
-Sec. 952. Instruction That Plaintiffs Could Not Recover Unless
they secured a purchaser at price stated, erroneous. In an action by real estate agents to recover commissions, it was error to instruct the jury that, if defendant agreed to give plaintiffs a partic...
-Sec. 953. Instruction That Bringing Parties Together Is Not Enough, Unless Efficient Cause Of Sale, Is Incorrect
In an action by a broker to recover commissions, a charge that, merely to bring the buyer and seller together is insufficient to entitle an agent to a commission, unless it is the efficient cause of ...
-Sec. 953a. Error In Charge Omitting That Broker Must Be The Procuring Cause Of The Sale
The error in an instruction given at the instance of plaintiff, in an action for commissions for procuring a purchaser of real estate, authorizing a recovery on a finding that plaintiff was employed t...
-Sec. 954. Instruction To Find For Broker, If Found To Be The Procuring Cause Of Sale, Is Correct
An instruction to find for the broker, if it was through the efforts and information given by him that the owner and the purchaser were brought together as seller and buyer, given in connection with a...
-Sec. 954a. Improper Modification Of Charge Asked For By Defendant
In an action by real estate brokers for commissions a request to charge that plaintiffs could not recover if the prospective purchasers had, in fact, and in good faith, abandoned their negotiations fo...
-Sec. 955. Instruction That If Broker Found A Purchaser For Property On Terms Stated, Entitled To Commissions, Proper
A real estate agent sued on a contract for commissions for a sale of land; the contract was made a part of the complaint, but was not introduced in evidence; the court charged that as plaintiff had un...
-Sec. 955a. Instruction That If Broker Was Efficient Cause Of Sale Entitled To Commission, Held Proper
An instruction that if plaintiffs were employed to defendant to effect an exchange or sale, and were the efficient and procuring cause of the sale, they were entitled to commission, no matter how slig...
-Sec. 956. Instruction Premature, As Jury Should First Find That Agent Was Authorized To Act For Principal
In an action by a real estate broker to recover on a special contract for procuring a purchaser, the contract having been made by one alleged to be the agent of the owner, and the authority of the age...
-Sec. 956a. Charge In Case Of Implied Contract Held Correctly Given
In an action for commissions, it was admitted that defendant sold the property, and the court instructed that if plaintiff was a means of procuring a purchaser for the property, and defendant agreed t...
-Sec. 957. Instruction That If Plaintiff Performed Some Service Though He Did Not Sell, Entitled To Some Compensation, Proper
In an action to recover for the value of services as agent in selling real estate, when there is testimony tending to show that the plaintiff rendered some service, but did not effect a sale, if the j...
-Sec. 958. Instruction Is Erroneous, That There Is Room For A
verdict of no cause of action, where defendant admits broker performed services. Where defendant admits that plaintiff was instrumental in effecting the sale, but disputes the value of the services, ...
-Sec. 959. Instruction That If Agreement Was As Claimed By Defendant Plaintiff Entitled To Verdict, Improper
Plaintiff having brought defendant and a purchaser together, a sale was effected by them for $10,000; plaintiff claimed that he was authorized to sell for this amount and for a commission thereon, and...
-Sec. 960. Instruction On Contract, Either Joint Or Several, That Defendant Only Liable For Share, Properly Refused
Where the evidence shows that defendant's contract to pay plaintiffs a certain commission for a sale of land, is either a joint contract with that of other owners of the land, or is an individual cont...
-Sec. 961. Instruction That If Jury Find Contract Made And Lots Sold, Plaintiff Entitled To Commissions, Proper
In an action for commissions on sales of lots, an instruction, after stating the respective claims of the parties, that if the jury find that the arrangement alleged by plaintiff was made and after th...
-Sec. 962. Instruction That Broker Should Have Exercised The Greatest Care, Requires Too High A Degree Of Care
In an action on notes defendant pleaded in reconvention that she had given plaintiff certain money to loan for her, but which, through his negligence, she had lost; the evidence tended to prove that p...
-Sec. 963. Instruction That It Was Incumbent On Agent To Show Land Worth The Price Error
Plaintiff authorized defendant, who was a broker, to sell a tract of land, and to contract and advertise at plaintiff's expense; it was afterwards agreed that the advertisement should be discontinued,...
-Sec. 964. Instruction That Although Agent Could Sell Land At Price Fixed, Did Not Excuse From Selling At Best Price Obtainable, Proper
In an action against brokers to recover money retained by them out of the purchase price, an instruction that though plaintiff gave defendants authority to sell his land for a specific sum per acre, s...
-Sec. 965. Instruction Assuming From Purchaser Giving Check To Seller, Who Turned It Over To Broker, That Latter Received It From Purchaser, Proper
Where, in an action to recover from brokers a portion of the purchase money retained by them for effecting a sale of plaintiff's land, the evidence showed that the purchaser gave his check to plaintif...
-Sec. 966. Instruction That If Broker Misread Contract To Principal To Deceive, Not Binding On Him, Proper
Where a land owner sued his brokers, who had effected a sale, to recover a portion of the purchase money which had been retained by them, on the ground that the contract was not binding on him, becaus...
-Sec. 967. Instruction That Contract Was Severable, And Broker Entitled To Compensation For One Deal, Proper
Evidence held conclusive that the contract by which appellant agreed to pay a commission of one dollar per acre for procuring contemplated exchanges of real estate for other property was not an entire...
-Sec. 968. Instruction That Propositions Were Substantially The Same, Erroneous, Being By Different Brokers And Different
In an action by a real estate broker for commissions, it appeared that plaintiff obtained for defendant's property, valued at $90,000, an offer consisting of an equity in certain apartment houses esti...
-Sec. 969. Instruction Proper That If Contract Was Altered Before Purchaser Executed It, There Was No Meeting Of Minds
Where a broker, in an action for services in procuring defendant a purchaser for land, claimed that both parties had signed duplicate contracts of sale, and defendant claimed that after signing the pa...
-Sec. 970. Instruction Erroneous That Broker To Find Purchaser Is Entitled To Commissions, Though Paid By Purchaser
Plaintiff was employed by defendant to find a purchaser for lands, and was also under an agreement with certain prospective purchasers by which he was to participate with them in the advantages of the...
-Sec. 970a. Erroneous Instruction To Jury As To Waiver
Where the only testimony as to whether or not there was a modification of the agreement of defendant that plaintiff, a real estate agent, should have a commission if a trade of defendant's property wa...
-Sec. 971. Instruction Properly Refused That If Property Was Brought To Defendant's Notice In Advance Of Plaintiff's, Latter Not Entitled To Recover Share Of Commissions
Where, in an action by a real estate broker to recover from defendant one-half of the commissions received by the latter on a sale of certain property for the sale of which the plaintiff was agent, th...
-Sec. 973. Instruction That Plaintiff Was Entitled To Recover If Cause Of Sale Error, Where Employment As Agent Is In Issue
Where the question whether a real estate broker was employed by the owner is in issue in an action for broker's commissions, and the evidence thereon is conflicting, it is error to instruct that the ...
-Sec. 974. Instruction That If Contract Sued On Was Different, Plaintiff Barred Recovery Error, Is A Question Of Law
In an action by a broker to recover commissions for finding a purchaser for land, an instruction that if the contract sued on dinered from the contract made, plaintiff could not recover, was erroneous...
-Sec. 975. Instruction On Defendant's Right To Terminate Agency, "Broker Entitled To Fruits Of Seed Sown," Error
In an action by a broker to recover commissions for a sale of land, it appeared that some months after the authority to sell had been revoked for failure of the broker to procure a purchaser, the owne...
-Sec. 975a. Erroneous Instruction Containing Expression Of Opinion By The Court On The Weight Of The Evidence
In an action by a broker for commissions, the issue was whether plaintiff had sent the purchaser to defendant, and there was evidence for defendant that plaintiff had told defendant that he did not kn...
-Sec. 976. Instruction Proper That Broker Could Not Recover Unless Principal Knew He Was Employed By Seller
If, in an action against a buyer of land for a broker's commissions, the plaintiff's evidence leaves it doubtful whether, while acting for defendant, he also was employed by A., the owner of the land,...
-Sec. 977. Instruction Proper That Brokers Could Not Recover Unless Defendant Knew They Would Get Pay From The Other Party
On the issue, whether real estate brokers suing to recover commissions for effecting an exchange of property, who had stipulated for commissions from both parties, were agents for both parties so as t...
-Sec. 978. Instruction That If Commission Was To Be Paid, Defendant Would Not Have Sold And Plaintiff Barred Recovery, Properly Refused
In an action by a real estate broker for commissions, in which there was evidence that the principal had sold the property to a purchaser procured by the broker, an instruction that the defendant woul...
-Sec. 979. Instruction That Buyer By Repeating Offer Was Enabling Plaintiff To Recover, Error As Suggesting Conspiracy
In an action by a real estate broker for a commission for procuring a purchaser for a farm, who at first stated to the owner that he would not buy it, but who, on the same day, offered to take it on t...
-Sec. 980. Instruction To Find For Plaintiff If Believed He Was Trying To Sell Land, Not Warranted By Pleadings
Where a real estate broker, suing for commissions, alleges that through his efforts the land was sold, an instruction that if the jury believe plaintiff was trying to sell the land, etc., they should ...
-Sec. 981. Instruction Proper Defining Distinction Between Selling To Broker's Customer And To A Third Party
In an action for commissions on a sale of defendant's land, an instruction that the jury should find for the defendant if the plaintiff had been unable to procure a purchaser, and had abandoned his ef...
-Sec. 982. Instruction That Sale Effected Through Broker's Efforts Is Meritorious, Improper
In an action by real estate agents for commissions, a charge that where a sale is effected through the efforts of a real estate agent, his services are regarded in law as highly meritorious and benef...
-Sec. 983. Instruction That Broker Must Show Retainer Or Acceptance By Principal, Not Usually Prejudicial
An instruction that a broker must show a retainer or that the principal accepted his agency and ratified his acts, is not prejudicial to the principal, although there is no evidence of ratification, w...
-Sec. 984. Instruction Assuming Broker Acted For Defendant Erroneous, Although That Separately Submitted
In an action by a real estate broker for commissions, the defendant answered denying the broker's employment, and testified that he merely inquired of the broker if the latter had a customer who would...
-Sec. 984a. Instruction To Find For Plaintiff Held Not Misleading When Condition Favoring Defendant Also Given
Where, in an action for a broker's commissions on a sale of real estate, the court charged that the jury should find for defendant, if a specified condition had been imposed for the sale, and the sale...
-Sec. 985. Instruction That Unless They Find Contract Entered Into Must Find For Defendant, Insufficient
In an action by a real estate agent for commissions, in which defendant claimed that a contract to pay commissions was not made with plaintiff personally, but with him as agent of his father, an instr...
-Sec. 986. Instruction That Broker Could Recover If, When Negotiations Were Broken Off, Buyer Still Intended To Buy Erroneous
In an action for commissions on a sale of land, an instruction which assumes a ratification of plaintiff's authority to sell, but directs that plaintiff might recover if the subsequent sale of the lan...
-Sec. 986a. Error To Refuse To Instruct On Joint Contract That Verdict Must Be For Defendant If Jury Find Contract Was With One
In a suit against two defendants for a broker's commission for procuring a purchaser for lands, under a joint employment by defendants, it was error to refuse to instruct that the jury must find for d...
-Sec. 986b. Charge Of Cancellation Of Broker's Contract Improperly Refused
In an action for a broker's commissions, an instruction that if defendant told plaintiff, or his partner, to take the land off the market, that it was not for sale, to find for defendant, was improper...
-Sec. 987. Instruction That Delegated Authority Can Not Be Re-Delegated, Misleading And Erroneous
Where a land owner authorized a person to write to an agent authorizing him to sell real estate, which the agent does pursuant to the letter so written, after which the land owner disputes his authori...
-Sec. 987a. Prejudicial Error In Charge To Jury Recalled For Further Instructions
An instruction, in an action for a broker's commissions, after the jury had been recalled, and had announced that they were not likely to agree upon a verdict, that such trials were costly to the coun...
-Sec. 988. It Was Error To Refuse Instruction That Plaintiff's Employment To Procure A Tenant Was Revoked By Interview
Where, in an action for a broker's commissions in negotiating a hotel lease, the court charged that the jury could find for the plaintiff, either if plaintiff's agency had been revoked or if the revoc...
-Sec. 989. Instruction To Find For Defendant On One State Of Facts, For Plaintiff On Another, Not Inconsistent
An instruction, in an action by a real estate agent for commissions, to find for defendant if he employed plaintiff to sell his land and agreed to pay him a commission, and subsequently and before the...
-Sec. 990. Instruction To Find For Defendant If Plaintiff Abandoned Employment, Did Not Harm Defendant
In an action by a real estate agent for commissions, in which it was claimed that plaintiff had abandoned his agency, an instruction that if the jury believed he had abandoned the agency he could not ...
-Sec. 990a. Charge Held Not To Require A Verdict For Defendant
The evidence being conflicting as to whether the property was withdrawn from the market before or after the owner's employment of the broker, a charge, in the broker's action for compensation, that if...
-Sec. 990b. Charge Interpreted Not To Require The Jury To Ignore The Special Charges
A general charge that the jury should find a verdict upon a preponderance of the evidence, under the foregoing charge, followed by defendant's special charges, was not erroneous as requiring the jury ...
-Sec. 991. Instruction That Broker Only Required To Find Purchaser If Land Had Average Quantity Of Timber, Erroneous
Where in an action for a broker's services in the selling of timber land, a letter written by defendant was silent as to an average quantity of timber, certain instructions charging that defendant's...
-Sec. 992. Instruction That If Defendant Made Promise Verdict Should Be For Plaintiff, Correct
Where plaintiff seeks to recover $1,000 for making a sale, on the ground that there was a special contract therefor, there is no error in charging that if defendant made the promise, the verdict shoul...
-Sec. 993. Instruction That Agent Through Whose Effort Buyer Found Entitled To Commission, Inapplicable To Proof
In an action by a broker for commissions, where there was no evidence that defendant had employed others to make a sale of the property, an instruction that the agent, through whose efforts a purchase...
-Sec. 994. Instruction Authorizing Finding Against Plaintiff, Though Procuring Cause Of Sale, Erroneous
In an action for the commissions of a real estate broker, instructions that if plaintiff and another broker both had the premises for sale, and the other first directed the purchaser's attention to th...
-Sec. 994a. Instruction Erroneous Which Disregards Who Was The Procuring Cause Of The Sale
Where, in an action by a real estate broker for commissions, the issues involved the question whether the efforts of the broker were the procuring cause of the sale, an instruction authorizing a recov...
-Sec. 995. Instruction Held Inconsistent With Another That Contract Had Been Ratified
In an action by a real estate broker for commissions, a charge that if the purchasers were accepted by defendant as satisfactory, the verdict should be for plaintiff, but, if not, to authorize a recov...
-Sec. 996. Instruction That If Plaintiff Materially Altered Contract, Without Defendant's Knowledge, It Would Not Bind Him, Not Objectionable
In an action for a broker's commissions, an instruction that the sale contract contained the terms of the sale and plaintiff's authority, and that he had no right to sell the land on any other terms, ...
-Sec. 997. Instruction That Where Owner Knew, He Is Not Bound To Decide Which Was Procuring Cause, Properly Refused
An instruction that an employer of two or more real estate brokers may make a sale to the buyer produced by either of them, and is not bound to decide which of them is the primary cause of the purchas...
-Sec. 998. Instruction That Plaintiff Not Entitled To Recover Unless He Sold At Price Fixed, Correct
In an action to recover commissions for selling land, in which defendants pleaded in their answer that the contract was that plaintiff was to sell the land and have a commission of one and one-half pe...
-Sec. 999. Instruction, If Defendant Not Requested To Furnish Abstract Of Title, Plaintiff Not Entitled To Recover, Properly Refused
In an action by a broker for commissions for finding a purchaser for defendant's land, plaintiff claimed that defendant had been required to give an abstract of title, which he had not done, hence def...
-Sec. 1000. Instruction Erroneous In Eliminating Question Of Connection Between The Transactions
Where, in an action for a broker's services, plaintiff claimed that the defendant agreed to pay him $1,000,000 in case he purchased a railroad which plaintiff was endeavoring to sell, or became inter...
-Sec. 1001. Instruction Erroneous, Which Confines To One Interpretation, Where Terms Of Contract Are In Dispute
Where the contract between the broker and his principal is oral, and its terms are in dispute, it is error to instruct the jury, that if the plaintiff brought the purchaser to the notice of the seller...
-Sec. 1001a. Erroneous Qualification In Charge To Jury
In an action by a broker for commissions on a sale of land, it was error to qualify an instruction that plaintiff could not recover if he was acting for both parties, by the statement: Unless his dou...
-Sec. 1002. Instruction That Contract Was Invalid, Misleading And Prejudicial
Plaintiff claimed that defendant had promised to pay a certain sum on his procuring a contract for the sale of his land, and that he had done so; defendant contended that he had so promised, provided ...
-Sec. 1002a. Where Broker's Efforts Induced Sale Where Previous Efforts Of Owner Failed, Charge By Owner That, To Recover, Broker Must Have Procured Purchaser Properly, Refused As Misleading
In an action to recover real estate commissions for a sale alleged to have been made by the owner as a result of the plaintiff's efforts, following alleged promise by the owner to pay the plaintiff su...
-Sec. 1003. Erroneous Instruction Not Cured By Requiring A Finding That A Contract Still Existed
Where a broker's contract for services required a sale of nineteen quarter-sections of land within thirty days, at $9 per acre, the broker to receive one dollar per acre commission, an instruction, in...
-Sec. 1004. Where Agent Testified Owner Agreed To All Sales, It Was Error To Instruct For Defendant As To Any
Where an agent testified that the owner agreed to the prices at which he sold the different tracts, it would be error to instruct the jury to find for the defendant as to any of the tracts. McLane v. ...
-Sec. 1005. Instruction Proper, That If Plaintiff Aided And Assisted In Sale Of Railway, Defendant Was Liable
In an action to recover for services in promoting the sale of a street railway, it was proper to instruct the jury that defendant was liable if they found that plaintiff aided and assisted in the nego...
-Sec. 1005a. Instruction Defining Word "Solicit" Upheld
An instruction in an action for commissions as sales agent, that the word solicit, as used in the contract, meant to seek for, and that it was incumbent upon plaintiff to show that he endeavored to ...
-Sec. 1006. Instruction For Plaintiff Erroneous, Where The Evidence Is Conflicting
In an action for services rendered in purchasing property where there was a conflict in the evidence as to whether or not plaintiff had performed the services which he was employed to perform, a charg...
-Sec. 1007. Instruction Erroneous Which Leaves The Jury To Determine What Constitutes A Valuable Consideration
Plaintiff, as broker, sold a ranch for defendant, a farm . being taken in exchange for part of the price; defendant refused to pay any commissions on the value of the farm; after the sale of the farm ...
-Sec. 1008. Instruction Properly Refused Which Ignored Plaintiff's Theory Of Cause Of Sale
In an action by a real estate broker for his commissions in securing a purchaser, an instruction is properly refused which ignores plaintiff's theory that the efficient cause of the sale was the vendo...
-Sec. 1009. Instruction Properly Refused That Broker To Earn Commissions Must Notify His Principal
Where, in an action for a division of a broker's commissions, the contract between the parties provided that if plaintiff would assist in obtaining a purchaser he should be entitled to one-half the ...
-Sec. 1009a. Failure To Instruct As To Notice Held Not Error
In an action for a commission on a sale of land, an offer to show that there was a supplemental contract, and that by an oversight, mistake or fraud, a stipulation that plaintiff's right to sell the l...
-Sec. 1010. Instruction Erroneous That Commission Was Not To Be Paid Unless Sale Consummated
In an action by a real estate broker for commissions, it appeared that the owner authorized plaintiff to sell certain real estate for $41,000, agreeing to pay a commission; plaintiff claimed the makin...
-Sec. 1011. Instruction That If Broker Changed Contract Believing Defendant Would See Before Signing, Not Prejudicial To Plaintiff
In an action for broker's commissions, an instruction that if the broker caused a change to be made in the contract, believing that defendant would see the change when the contract was delivered to hi...
-Sec. 1012. Instruction That To Entitle Him To Commissions The Broker Must Have Acted In Good Faith, Is Proper
Where the evidence tended to show an interest on the part of a real estate broker in the contract of purchase, an instruction that to entitle him to commissions he must have acted in good faith and i...
-Sec. 1013. Instruction, In Answer To Question By Foreman, That Jury Not Bound By Any Rule In Fixing Damages, Error
In an action by a real estate broker for commissions, it was error to tell the jury, in answer to a question by their foreman, that they were not bound by any rule in fixing damages, as the court shou...
-Sec. 1014. Instruction Proper, That If Plaintiff Entitled To Commissions, Jury Should Determine Their Value
In an action for a broker's services, it was proved that the value of plaintiff's services for furnishing a purchaser of the land was one dollar per acre, and that it was worth the same for selling;...
-Sec. 1015. Instruction Rightly Refused, That If Entitled To Anything Broker Confined To A Quantum Meruit
In an action for services as a broker in procuring defendant a contract to purchase land, a request for a ruling that the plaintiff could not recover more than a quantum meruit for his services as a b...
-Sec. 1015a. Instruction Held Properly Refused
An instruction that a real estate agent is not entitled to recover for his services if he failed to accomplish the sale, and the vendee was induced to reconsider his resolution and purchase by another...
-Sec. 1016. Instruction Authorizing Recovery Upon Either Of Two Hypotheses, Not In Conflict
In an action for a broker's commissions against stockholders of a brewing company for a sale of its property, where the evidence showed that the debts of the company were about $30,000, that the purch...
-Sec. 1017. Instruction Proper, Where Some Sales Are Admitted, To Award Commissions, Though No Contract Be Proved
Where plaintiff alleged a contract for commissions and sales made thereunder, and defendant denied the contract, but admitted some of the sales and that he was indebted to plaintiff in a reasonable su...
-Sec. 1018. Instruction That If Sales Were Made Within Contract To Pay Commissions To Plaintiff, Is Sufficiently Definite
In an action for a broker's commissions, the court's charge, that if the purchasers went to South Dakota, by reason of plaintiff's introduction to defendant, and examined the lands defendant had for s...
-Sec. 1019. Instruction Erroneous, As Question Of Broker's Authority Was For The Jury
Where a fruit farm was listed for sale with a real estate agent, who, in turn, listed it with another agent, and there was evidence tending to show authority of the latter to make representations rela...
-Sec. 1019a. Instruction Erroneous That Invades The Province Of The Jury
An instruction in an action for commissions for selling land selecting language that the parties used, that might be evidence of the annulment of a contract, and informing the jury of its probative ef...
-Sec. 1020. Instruction Where Contract Was For Sale To Certain Party, Which Failed, Plaintiff Could Not Recover
There being evidence that defendant only contracted with plaintiff with reference to a sale to a certain party, which sale fell through, defendant was entitled to a charge that plaintiff could not rec...
-Sec. 1022. Instruction Erroneous, That Because Husband Had Charge Of Real Estate, Had Authority To Employ A Broker
In an action for commissions for selling real estate, an instruction that if defendant's husband was agent in charge of said property, and for the sale of the same, and defendant's said agent employe...
-Sec. 1023. Instruction Properly Refused, To Find For Plaintiff, Where Liability Of Defendant Was For The Jury
An instruction requested by plaintiffs, in an action by real estate agents for commissions, that, though the jury find it was agreed between plaintiffs and defendants that commissions should not be pa...
-Sec. 1024. Instruction To Find For One Of Competing Brokers Is Correct, Even Though He Did Not Close The Trade
An instruction, at defendant's request, in an action to determine which of two real estate brokers was entitled to the commissions for selling land, that where real estate was listed for sale with sev...
-Sec. 1025. Instruction Erroneous, As To Reservation In Deed Of Mineral Deposits
Error in the instruction on a contract to procure a purchaser for defendant's land, wherein plaintiff contended that he found purchasers and that the sale failed solely because of defendant's defectiv...
-Sec. 1026. Instruction Assuming Absence Of Special Contract And Existence Of Custom, Erroneous
In an action of assumpsit for brokerage commissions, an instruction assuming the absence of a special contract and the existence of an established custom as to commissions, is erroneous, the fact of t...
-Sec. 1027. Instruction That Plaintiff Was Employed To Supervise Erroneous, As Ignoring The Defense
Where plaintiff, an architect, about to supervise the erection of a building, advised defendant to have his adjoining building underpinned before excavations for the new building began, and thereupon ...
-Sec. 1028. Instruction Ignoring Whether Plaintiff's Efforts Had Ceased Or His Agency Revoked, Error
Where, in an action for a broker's commissions, there was evidence that plaintiff's agency had been revoked before defendant began negotiations with the purchaser, while plaintiff's evidence indicated...
-Sec. 1028a. Not Error For The Court To Charge That If Sale Made To Broker's Customer After He Abandoned Negotiations He Was Not Entitled To Commissions
In an action by a broker for commissions, the court did not err, as against the owner, in modifying an instruction requested by him, that the broker could not recover if he did not agree on the terms ...
-Sec. 1028b. Error Not To Allow Owner To Offer Proof Contradicting That Offered By Broker
In an action by a broker for commission for procuring purchaser; held, that the petition, though alleging that defendants, vendors, through the plaintiff, executed the contract of sale, must be deemed...
-Sec. 1029. Instruction To Find For Architect, If Claim Believed, Erroneous For Not Submitting Defendant's Claim
Where, in an action by an architect, he alleged that the owner was to pay for superintending five per cent. of the lowest bid, which was $6,150, and the owner alleged that he was only to pay, provided...
-Sec. 1030. Instruction That Though Terms Unauthorized, Find Defendant Ratified Contract, Correct
In an action to recover a commission for finding a purchaser for land, an instruction that if the terms of the contract made by the brokers with the proposed purchaser were unauthorized by defendant, ...
-Sec. 1031. Instruction Properly Refused That If Owner Believed Relations With Broker Ended, Latter Could Not Recover
Where a land owner employed a broker to sell certain land and thereafter, while the broker was negotiating with a prospective purchaser, the landlord asked him to make no further efforts to sell the l...
-Sec. 1032. Instruction Fully Submitted Two Contentions As To The Right Of Plaintiff To Commissions
Prayers in an action by a real estate broker to recover from other brokers for a commission received by them from the sale of a lot that if the court found that there was no agreement to make any divi...
-Sec. 1033. Instruction Properly Refused, That If Plaintiff Knew Defendant Had Only An Option, He Could Not Recover
In an action on a contract to procure a purchaser for defendant's land plaintiff contended that he found a purchaser and that the sale was not consummated solely because of defendant's defective title...
-Sec. 1034. Instruction That Plaintiff Found Purchaser Ready, Able And Willing, Erroneous On That Theory
In an action for commissions for the sale of a lease, where the petition alleged that plaintiff negotiated the sale of a lease, and after reaching an agreement whereby the purchaser, agreeing to pay a...
-Sec. 1035. Instruction Against S. Erroneous, As He Was Not Liable In The Absence Of The Agreement Alleged
In an action on an agreement of defendant and one S. to pay plaintiffs a certain commission for negotiating an exchange of their properties, which agreement provided for payment of the commissions on ...
-Sec. 1036. Error Not To Give Instruction That If Broker Knew Consent Of Third Person Necessary For Binding Contract, He Could Not Recover
In an action for commissions for procuring a purchaser of real estate, the defendant claimed that he was a joint owner with a third person, that the broker knew that the third person's consent to a co...
-Sec. 1037. Instruction For Plaintiff Erroneous, Where Evidence Shows Absence Of License
In an action to recover commissions on a sale or exchange of real estate, where the plaintiff describes himself in his statement of claim 'as a dealer in real and personal property and in the regular...
-Sec. 1038. Instruction Properly Refused As Assuming For Plain-Tiff, Without Hypothesising Belief On The Evidence
In an action for a broker's commissions, an instruction that plaintiff was entitled to a verdict for such damages as the jury believe from the evidence he has sustained from defendant's breach of cont...
-Sec. 1039. Instruction Not Objectionable As Minimizing The Issue Of Alteration Of Contract
Where, in an action on a written contract employing plaintiff as a broker to sell defendant's land, defendant pleaded that the contract had been altered and also denied that the plaintiff had secured ...
-Sec. 1040. Instruction Caused No Prejudice To Defendant When Jury Found No Excess Money Was Paid
In an action for commissions agreed to be paid per acre in a sale of property, instructions relating to plaintiff's claim to the excess of purchase money above a named sum cannot have prejudiced defen...
-Sec. 1040a. When Not Error To Omit To Charge As To Responsibility Of Purchaser
Where, in an action by a broker for commissions for procuring a purchaser of land, the evidence showed that the sale was consummated on the terms proposed by the owner, it was not error to omit to ch...
-Sec. 1041. Instruction Not Inconsistent With Terms Of Contract In Securing Title, Etc
In an action for commissions under a contract by which plaintiff was employed to assist defendant in acquiring a title to property for the purpose of effecting a consolidation of it with other propert...
-Sec. 1041a. Charge In The Alternative Held Inconsistent
Where, in an action by a broker for commissions for procuring a purchaser of real estate the evidence showed that he was employed to procure a purchaser willing to pay $16,000, for a commission of wha...
-Sec. 1042. Instruction Properly Refused As To Owner's Good Faith, Where No Evidence Tended To Show It
In an action for commissions for selling real estate it is not error to refuse to submit an instruction as to the owner's good faith in selling the real estate himself without regard to the agent or t...
-Sec. 1043. Instruction Erroneous Not Based On Hypothesis That Jury Must Believe As Contended By Defendants
Where, in an action by a real estate broker for commissions, it was contended by him that he did not bind himself to sell the property or to furnish a purchaser, as contended by defendant, but he was ...
-Sec. 1044. Instruction To Find For Defendant Properly Refused, Where Plaintiff's Evidence Is Uncontradicted
Where, in an action on a contract to pay a real estate broker a specified commission per acre on wholesale sales, or sales of large tracts, to persons whom he introduced and who subsequently purchased...
-Sec. 1044a. Request To Charge For Defendant Properly Refused
The court, in an action to recover commissions for procuring a contract for defendant with one D. having charged that plaintiff can not have commissions from both sides; it is claimed by the defendan...
-Sec. 1045. Instruction As To The Value Of Land Received In Exchange Misleading
In an action for a broker's commissions where it was conceded that a commission of five per cent. was agreed on by the parties and the evidence as to the value of defendant's land and of that which he...
-Sec. 1046. Instruction Properly Refused To Give Verdict For Defendant, Where Suit Was Prematurely Brought
In an action for a broker's commissions for effecting an exchange of property, a requested charge that if defendant agreed to pay a commission on a sale of the land conveyed to him in exchange and the...
-Sec. 1046a. Error In Refusing To Direct A Verdict For Defendant
In an action by a real estate broker against the owner of real estate to recover a commission for procuring a purchaser of the property, with whom the owner makes a contract of sale, which he afterwar...
-Sec. 1047. Instruction Erroneous, That Jury Could Not Consider That Defendant Was Surety On Plaintiff's Note
An instruction, in an action for a real estate broker's commissions, that the jury in arriving at a verdict could not consider testimony that defendant went on plaintiff's note as surety, or that defe...
-Sec. 1047a. Court Upheld In Peremtorily Instructing Jury To Find For Defendant
Appellants, real estate agents, hearing that appellee, who was absent from the State, wished to sell his farm, wrote to him that they had a purchaser for it, asking him to fix his lowest price and all...
-Sec. 1047b. Instruction That Sale By Defendant Was Made On Day Prior To Sale By Plaintiff, Upheld
Before plaintiff reported a sale of the property, defendant, on the ninth day of the month, through another agency, signed a written agreement for a sale of the property for the agreed consideration, ...
-Sec. 1047c. Charge Proper That Unless Jury Find Contract Made On Day Alleged Must Find For Defendant
Where, in an action by a broker for commissions for a sale of land, the petition declared on a verbal contract made on a certain day, and specifically set forth the terms of the agreement and its per...
-Sec. 1047d. Modification Of Instruction Held To Be Proper
In an action for broker's commissions, an instruction that merely procuring a purchaser to enter into a contract for the purchase of property does not entitle a broker to commissions, unless such per...
-Sec. 1047e. Instructions Improperly Refused
(1) Where, in an action for broker's commissions in inducing a contract for an exchange of land for an interest in a stock of goods, defendant claimed that he was induced to sign the contract, which h...
-Sec. 1047f. Instructions Upheld By Reviewing Court
(1) In an action for commissions for a sale of real estate based on a contract fixing the compensation at the price secured above a certain sum; held, that the court was warranted in giving peremptory...
-Sec. 1047f. Instructions Upheld By Reviewing Court. Part 2
(19) In an action for commissions, an instruction that the broker to recover must procure a purchaser ready, willing and able to purchase on the terms fixed by the owner; held, not erroneous, where pl...
-Sec. 1047f. Instructions Upheld By Reviewing Court. Part 3
(32) In an action by a broker for commissions for procuring a purchaser of real estate, where the purchaser testified that the broker had proposed that the purchaser and the broker should buy the land...
-Sec. 1047g. Instructions Improperly Given
(1) In an action to recover commissions for procuring a purchaser for real estate; held, that the direction of a verdict in favor of defendant was error under the evidence. Nudelman v. Haffen-berg, 18...
-Sec. 1047g. Instructions Improperly Given. Part 2
(16) In an action for commissions; held, error to instruct on the theory that the owner, by accepting a check in part payment, ratified the broker's contract of sale with the prospective purchaser, of...
-Sec. 1047g. Instructions Improperly Given. Part 3
(32) Where an owner claimed that the prospective purchaser, upon examination of the abstract, refused to complete the purchase under any circumstances, an instruction held erroneous, as denying owner ...
-Sec. 1047h. Instructions Properly Refused
(1) The refusal of an instruction on plaintiffs right to recover commission sued for; held, not error. Glaum v. Skang, 152 N W. 760, 129 Minn. 377. (2) Where a broker suing for compensation alleged a...
-Chapter XVII. Sec. 1048. Finding That There Was No Failure Of Consideration Was Proper
Defendants executed two notes for $385 in payment of a commission for selling land, and payable only in the event that the vendees of the land remained on it for one year and made improvements equal i...
-Sec. 1049. Finding That There Was No Agreement To Pay Plaintiff Five Per Cent, Commission Was Proper
In an action by a broker for services, the complaint was on a quantum meruit, alleging performance of services reasonably worth a certain sum; the evidence showed that plaintiff, in a conversation bet...
-Sec. 1050. Finding For Plaintiff On One Count, Finding Against Him On The Other
In an action by a real estate broker for commissions, the court's finding for plaintiff on the count of his complaint relying on an express contract was, in effect, a finding against him on the count ...
-Sec. 1051. Finding That Plaintiff Kept Back Part Of The Loan Equal To Amount Of Two Mortgages Was Error
Defendant applied to a real estate agent for a mortgage loan. Three unsatisfied mortgages were to be paid with the proceeds of the loan; plaintiff agreed with the agent to make the loan, and gave the ...
-Sec. 1052. Finding Did Not Entitle Plaintiff To Recover
In an action for commissions for selling land, the court found that plaintiff sold a lot and was paid his commissions; that the other lots were sold by defendants to B. who sold them to R. and that R....
-Sec. 1052a. Finding By The Court Not Sustained By The Evidence
In an action to recover commissions earned by the sale of real estate, it appeared that the owner gave the proposed purchaser an option to purchase the land if the holder of a prior existing option fa...
-Sec. 1053. Finding That Broker Acted For Defendant Was Proper
In an action for deceit arising out of an exchange of property, through a broker's acting for defendant, evidence that defendant stated that his broker made a mean trade for him, and that he had made ...
-Sec. 1053a. Erroneous Finding That Defendant Was Indebted To Plaintiff
A finding by the court, under a count for four per cent. commission for procuring a loan of $8,000 on a first mortgage; that defendant agreed to pay such commission; that plaintiff unsuccessfully nego...
-Sec. 1053c. Findings By The Court
(1) In an action for share of profits on purchase of land in which sellers intervened, evidence held to show that plaintiffs were agents for the sellers for the sale of the land. Fred Brown & Co. v. C...
-Sec. 1053c. Findings By The Court. Part 2
(23) In broker's action for commission, evidence held to show that negotiations with prospective purchaser procured by broker were broken off for want of an acceptable offer, and that subsequently sel...
-Sec. 1053c. Findings By The Court. Part 3
(44) In an action by a broker for compensation, evidence held to sustain finding for plaintiff, on a claim by defendant that he had withdrawn the land from sale. Hall v. Olson, 114 P. 638, 58 Or. 464....
-Sec. 1053c. Findings By The Court. Part 4
(64) In an action to recover an agreed commission for procuring a loan for defendant, brought on the theory that plaintiff found a person willing to make the loan, but refused to do so, on his discove...
-Sec. 1053c. Findings By The Court. Part 5
(85a.) In an action for compensation based on a percentage of the value of the property received by defendant in exchange, evidence held not to show as an undisputed fact that defendant assumed a mort...
-Sec. 1053c. Findings By The Court. Part 6
(106) Where broker brings principals together, and they enter into contract of exchange; held, that all questions of readiness or ability of performance are presumed to have been agreed upon and passe...
-Sec. 1053c. Findings By The Court. Part 7
(124) Where there is evidence that brokers who negotiated trade of two lots procured loan to erect building on one of them, that lender, in accordance with his custom, paid brokers amount of loan, lea...
-Sec. 1053c. Findings By The Court. Part 8
(143) Evidence held to show that the broker who signed escrow instructions had no authority, actual or ostensible, to charge the same. Jones v. Title Guarantee & Trust Co., 173 P. 586, - Cal. Sup. - ....
-Sec. 1054. In An Action For Compensation, Verdict On Conflicting Evidence Usually Upheld
There being a conflict of evidence the question is exclusively for the jury, and a finding will not be disturbed on appeal. Mousseau v. Dorsett, 80 Ga. 566, 5 S. E. 780; Semple v. Rand, 112 Iowa 616, ...
-Sec. 1055. Verdict Must Be Palpably Against Weight Of Evidence To Warrant Setting Aside
A judgment by the trial court to which the law and facts are submitted will be treated on appeal as the verdict of a properly instructed jury and will not be reversed unless palpably against the weigh...
-Sec. 1055a. Answer Made By The Court To A Juror Held Not To Constitute Error To Set Aside Verdict
In an action to recover commissions on a sale or exchange of real estate, the defendant both admitted that the agreement had been made and averred that it was conditional only, and was not to be carri...
-Sec. 1056. Verdict Not Set Aside Because If For Adverse Party It Would Have Been Sustained
The evidence is indeed so strong in defendant's behalf that had the verdict been for him no one would have thought of questioning it, but that does not justify setting it aside; Veale v. Greene, 105...
-Sec. 1057. Verdict Not Disturbed On Account Of Evidence Of Ratification
In an action by a real estate broker to recover commissions, it appeared that defendant's husband had an interview with plaintiff in regard to the sale of her land, and that subsequently, in response ...
-Sec. 1058. Verdict Set Aside, Where Loan Was Refused Because Interest Was Too High
A verdict for plaintiff will be set aside as against the weight of the evidence where, on the issue whether defendant agreed to pay six per cent. interest for a loan, so as to render him liable to pla...
-Sec. 1059. Verdict Not Directed For Plaintiff, Where Customer Was Not Of Restricted Class
Where the evidence of plaintiff, suing to recover commissions for procuring a purchaser for defendant's land, of itself makes out a case, the court will not direct a verdict in his favor, if the evide...
-Sec. 1060. Verdict For Commissions Not Supported, Where Sale Varied From Authorization
Defendant agreed to pay plaintiff $100 to find a purchaser for a farm at $2,400, the purchaser to receive one-third of the crops; defendant procured a purchaser who agreed to pay $2,400 for the land a...
-Sec. 1061. Verdict Directed For Defendant Erroneous, When Not Justified In Believing Broker Recreant
Defendant wrote plaintiff authorizing him to sell defendant's timber land in Arkansas, agreeing that if plaintiff put defendant in communication with a reliable purchaser defendant would protect plain...
-Sec. 1062. Verdict For Broker Not Sustained By Inviting Attention Of Public To Land And Negotiating
In an action for commissions for the sale of land, evidence that plaintiff invited the attention of the public to the property, and used time in active negotiations for its purchase, and that the fina...
-Sec. 1063. Awarding Less Than Plaintiff Entitled To, Styled A "Sancho Panza" Verdict
Plaintiff was employed by defendant B. to sell 640 acres of land for $15 an acre cash to B. and as much more to plaintiff as he could get; plaintiff induced defendant M. to purchase for $19.50 per acr...
-Sec. 1064. Verdict Properly Directed For Defendant Where The Plaintiff Violated His Authority
In an action to recover real estate brokers' commissions, the plaintiffs' right to go to the jury depended upon whether their evidence tended to show that they procured a purchaser ready, able and wil...
-Sec. 1064a. On Owner Releasing Purchaser From Contract, Broker Entitled To Verdict For Commission
The defendant agreed to pay plaintiffs an ultimate sum as commission for selling his land, and plaintiffs procured a purchaser who entered into a written contract with defendant to purchase the land u...
-Sec. 1064b. Verdict Against The Manifest Weight Of The Evidence
Where the evidence shows that plaintiff, while negotiating a trade between defendant, owner of a flat building, and owner of a farm, was informed by letter that they could not make a trade, and defend...
-Sec. 1064c. Verdict Held Supported By The Evidence
In an action for commission for procuring a purchaser for land which was conveyed by the owner to the purchaser, verdict held to support a verdict for plaintiff. Harvey v. Hain, 149 N. W. 236, 167 Iow...
-Sec. 1064d. Verdict For $5,400 Commission Not Excessive
A verdict of 2% of $270,000 for a theater for fifteen years for broker's compensation of leasing, where lease provided lessees could purchase same on forfeiture of $9,000 deposited, and owner testifie...
-Sec. 1065. Judgment Unjustifiable Ought To Be Set Aside
Where the judgment can not be justified upon any hypothesis presented by the pleadings or evidence it ought to be set aside. Also, where not sustained by the evidence, being excessive. Hammers v. Merr...
-Sec. 1065a. Reduction By The Court Of An Excessive Verdict
Defendants agreed that if plaintiffs would procure purchasers for lands, defendants would pay them fifty cents an acre for their services. Plaintiffs procured purchasers for 3,360 acres, to be thereaf...
-Sec. 1065b. Evidence Insufficient To Sustain Verdict For Plaintiff For Procuring Loan
In a suit to recover commissions for obtaining a loan for defendant, evidence held insufficient to sustain a verdict that plaintiff had procured one able and willing to make the loan, and had effected...
-Sec. 1066. Judgment Of Appellate Court Conclusive
In an action for commissions for services as broker, the amount which the plaintiff is entitled to recover is a question of fact, on which the judgment of the appellate court is conclusive. Smith v. M...
-Sec. 1067. Judgment Not Reversed For Improper Evidence
A judgment in favor of a real estate agent on a contract to pay a definite sum as a commission will not be reversed because the trial court permitted him to introduce evidence that the amount of commi...
-Sec. 1068. In An Action On A Judgment Error To Submit To Jury , Whether Agent Could Release
A loan broker acted as agent for both parties in the negotiation of a loan, which was to be secured by a trust deed of land encumbered by judgments; the amount of the loan was sent to him by the lende...
-Sec. 1069. Judgments Unsustained By The Evidence
In an action for commissions for effecting the sale of a house, it appeared that defendant agreed to give plaintiff $75 if he should sell the house for $500 by a certain day, $50 if he sold it for $40...
-Sec. 1070. Judgment For A Smaller Amount, When It Will Not Be Interfered With
Where an action was brought to recover commissions for effecting a sale of real estate, and the testimony shows that the broker merely procured a purchaser who purchased the premises from the owner, H...
-Sec. 1071. Judgment For Full Amount Error, Where Loan Failed Through Defective Title
Where an agreement was made to pay plaintiff $800 if he secured a certain loan for defendant on its property, which sum was to cover all fees, lawyer's charges, disbursements, etc., it was error to gr...
-Sec. 1071a. Effect Of A Judgment As Barring Further Proceedings
A judgment dismissing an action on an express promise to pay an agreed commission for selling land, entered on a finding that plaintiff did not act as agent for defendant in the sale, and that there w...
-Sec. 1071b. Failure Of Proof
Where a broker sued on an express contract for commissions, alleging that he was the procuring cause of the sale and was entitled to his commissions, whether title to all the land failed or not, and t...
-Sec. 1071c. Judgment That Broker Did Not Retain Part Of Purchase Price Authorized By Evidence
In an action for a percentage of profits claimed to be due a broker on account of purchase and sale of lands, a judgment finding that the broker did not retain part of the purchase price of a subseque...
-Sec. 1071d. Effect Of Garnishment Proceeding Upon Broker
Where a purchaser of a business agrees to pay the debts of a prior owner of the business, and subsequently executes a power of attorney, and addresses a letter of instructions to a firm of real estate...
-Chapter XVIII. Sec. 1072. Error In Sustaining Objection Of Plaintiff To Evidence Of Plaintiff's Receipt In Settlement
It was held that the trial court erred when it sustained an objection made by plaintiff's counsel to the introduction in evidence of a stipulation made by the parties in a former suit and filed in cou...
-Sec. 1073. Error To Instruct For Plaintiff That Agent Acting For Both Parties May Receive Compensation From Both
Plaintiff sued for commissions for purchasing property for defendants, on the theory that with defendant's knowledge he was to receive commissions from both defendants and the vendor; plaintiff, howev...
-Sec. 1074. Error To Exclude Testimony Of Defendant That He Was Ignorant Of Agent's Double Employment
In an action by a real estate broker to recover commissions on an exchange of property effected by him, it appearing that plaintiff was in the employ of both parties to the exchange, the court erred i...
-Sec. 1075. In The Absence Of Evidence It Was Not Error To Exclude That Other Party Knew Agent Was Paid By Defendant
In an action to recover a broker's commissions for negotiating an exchange of defendant's property for the property of L. & W., where there was no evidence that defendant knew that plaintiff was also ...
-Sec. 1075a. Circumstances Showing No Error In Refusing To Grant Non-Suit
There being evidence tending to show that the real estate agent had first agreed with another person to procure a purchaser, and that all of them should have an interest in the land and should divide ...
-Sec. 1075b. Error In Awarding Verdict To Real Estate Agent
Relatively to the person who was to be the actual purchaser and pay the purchase money, there was no evidence sufficient to show that he knew or took part in the negotiations with the real estate agen...
-Sec. 1075c. Corporation Exempted From Liability For Commission
The same is true of a corporation which was formed by the purchaser and the middleman with whom the real estate agent dealt, some time after the agreement of purchase was made, and which corporation t...
-Sec. 1075d. When Error To Grant A Nonsuit
In an action for broker's commission, it was error to grant defendant's motion for a nonsuit, if the evidence would have justified the jury in finding that plaintiff procured a purchaser for defendant...
-Sec. 1076. Error To Exclude Evidence Of The Value Of Defendant's Property
On the trial of an action for a broker's commissions on an exchange of property in which the defense was that the defendant had been induced to part with his property by plaintiff's false representati...
-Sec. 1076a. Error To Withdraw From The Consideration Of The Jury The Number Of Acres Sold
In an action for the breach of an agreement to permit plaintiff to sell land on commission, where the number of acres in the tract was uncertain, the amount which plaintiff was entitled to recover dep...
-Sec. 1076b. Exclusion Of Evidence That Principal's Land Was Worth Less Than Asked For It, Not Error
In principal's action for damages for false representations by real estate agent inducing an exchange of properties, exclusion of evidence that principal's land was not worth what he asked for it was ...
-Sec. 1077. It Is Not Error To Prove By Plaintiff That No Sale Was Made
In an action by a broker to procure a purchaser of real estate for his commissions, it is not error to allow defendant to prove by plaintiff's testimony that no sale of the premises had in fact been m...
-Sec. 1078. Error To Dismiss, Where Plaintiff Employed To Se-Cure A Purchaser, Shows Sale To His Customer
Where a broker, suing for commissions, showed that he was employed to procure a purchaser of real estate on terms specified, and that he called the property to the attention of a third person, who exa...
-Sec. 1078a. To Work A Reversal Errors In The Trial Must Have Been Prejudicial
Error in the trial to work a reversal on review must have been prejudicial to the complaining party. Rothschild v. Bur-ritt, 47 Minn. 28, 49 N. W. 393; Wray v. Carpenter, 16 Colo. 271, 27 P. 783. ...
-Sec. 1078b. Error To Exclude Contract Of Sale
In an action by a broker for commissions for a sale of defendant's lands, where the evidence shows that defendant when notified of the sale acquiesced in the terms thereof, it was error to exclude the...
-Sec. 1078c. No Such Failure Of Proof Shown As To Justify The Taking Of The Case From The Jury
A complaint alleged an authorization to plaintiff to offer certain property for sale, and to be paid ten per cent. on any amounts above $60,000 realized; that within the time stipulated in the contrac...
-Sec. 1078d. Evidence On Question Of Abandonment Improperly Excluded
In an action for commissions by real estate brokers, where the defense was that defendants had cancelled plaintiffs' employment before the sale, testimony whether a proposition received after the alle...
-Sec. 1078e. Error To Charge That Broker Would Not Be Entitled To Recover Unless Broker Procured Increased Price
In an action by a broker to recover his commissions, where the broker testifies that the defendant, the owner, after authorizi-ing him to sell the property at a certain price, in a later interview fix...
-Sec. 1078f. Admission Of Evidence Not Justifying Reversal
Admission in evidence, in an action to recover commission on a sale of real estate, of a listing card made by plaintiff as to defendant's property, giving information as to its value; held, not revers...
-Sec. 1078g. Striking Of Evidence Held Erroneous
In a broker's action for commission on sale of farm, striking of defendant owner's testimony denying plaintiff broker's allegation that he had an exclusive agency and contradicting the broker's testim...
-Sec. 1078h. Amendment To Original Complaint Not Error
Where the original complaint in a broker's action for commission in negotiating an exchange of real estate was on a quantum meruit, there was no error in permitting plaintiff to amend his complaint so...
-Sec. 1078i. Limited Admission Of Testimony Upheld
Plaintiff's allegation of general partnership, being brought individually to include a special partnership of agreement between plaintiff and defendant to divide commissions from sale of certain land,...
-Sec. 1078j. Not Error To Refuse Testimony Where Affirmative Defense Not Pleaded
In a broker's action for commission, where defendants failed to plead as a defense that the condition subsequently embraced in the sale contract had not been performed, it was not error to refuse defe...
-Sec. 1078k. Error Not To Submit Issue Made By The Evidence As To Whether Owner Prevented Sale
Where an instruction placed the burden on plaintiffs, brokers, to prove a contract for a commission, if purchasers bought the land, regardless of whether plaintiffs made the sale, it was error not to ...
-Sec. 1079. When Judicial Construction Will Not Be Placed Solely On Correspondence
The defendant had no right to demand that correspondence be given a judicial construction alone, where some of the letters and the defendant's endorsements thereon referred to telephonic conversations...
-Sec. 1080. The Question Of What Constitutes A Reasonable Time
What constitutes a reasonable time is a question for the court. Id.; Cocquyt v. Shower, 189 P. 606, - Colo. Sup. - . In other jurisdictions it is considered a question of fact, to be determined by the...
-Sec. 1081. Construction Of Commission Contract
Where a contract for commissions on a sale of real estate provided for its payment as soon as the purchaser had made payment of the balance due after the payment made at the time the contract was exec...
-Sec. 1082. Construction Of Employment To Negotiate A Lease
In an action for commissions for the sale of a lease, in a petition which alleged that defendant authorized plaintiff to negotiate a sale, the word negotiate should be construed to mean conversation...
-Sec. 1083. Contract Construed To Be That Of Agency And Not An Option
A writing in express terms empowering and authorizing real estate brokers to sell land for $1,000, or as much less as the owner might take, binding the brokers to accept as remuneration any sum...
-Sec. 1084. Exclusive Contract Construed Not To Entitle Broker To Commissions On Owner Making Contract With Second Broker
Where one has charge of real estate under an exclusive agency for its sale, and as a part of his compensation is to receive a percentage of the price for which it is sold, no matter to whom, a contrac...
-Sec. 1085. The Word "Taxes" Construed Not To Include Street Assessments
Where a contract with brokers for the sale of land required defendant to furnish a certificate of title showing the property clear of any incumbrances, except * * taxes assessed but not due a...
-Sec. 1086. The Word "Divide" Construed To Mean Into Equal Parts
A complaint in an action by a broker for commissions, which alleged that plaintiff was employed to assist in making a sale, that defendant promised to pay plaintiff for his services a half of the comm...
-Sec. 1087. Instrument Held To Be A Contract Of Sale And Not In Itself A Sale
Where S. & N. make a contract about the conveyance of a farm by S. to N. who pays a certain sum in cash, and agrees to pay a further sum at a future time, and execute a mortgage for the balance of the...
-Sec. 1088. Contract Construed As That Of Agency And Not Employment As Mere Middlemen
A contract placing property in the hands of real estate agents for sale or exchange, the owner reserving an option as to whether it should be sold or exchanged, expressly agreeing to give the agents a...
-Sec. 1089. Broker's Contract Construed As Absolute Promise To Pay Price Of Land If Not Sold Within A Year
After agreeing to sell land belonging to plaintiff for $12,000 within one year, defendant agreed to account for the proceeds of sale of said premises, whenever prior to the expiration of said twelve m...
-Sec. 1090. Remark Of Principal Held Not To Destroy Broker's Ability To Sell At Price Stipulated
Plaintiff's assignor was authorized to sell defendants' manufactory for $125,000. He found parties willing to take a lease of it for six months, with privilege to purchase it for the price stated. Def...
-Sec. 1091. Broker Under A General Employment Held Not Entitled To Extra Compensation For Drawing Lease
In an action for a broker's comission for drawing leases of his principals' property, it was shown that he had a power of attorney to collect rents and execute leases to their property for a compensat...
-Sec. 1092. Contract Held Not Invalid Because Of Lack Of Consideration, Absence Of Mutuality Or Want Of Definite Term Of Existence
A contract between a land company and real estate agents, whereby the latter agreed to sell the town lots of the company at a certain town, for such prices as might be deemed just, and the company agr...
-Sec. 1093. Statute Restricting Broker's Fee For Securing Loan Applicable, When Suit Brought To Enforce After Change Made
1 Rev. St., p. 709, restricting brokers' fees for negotiating loans to one-half of one per cent. on the amount loaned, applies to a contract for a loan procured while such statute was in force, althou...
-Sec. 1094. Broker Entitled To Ten Per Cent. On Excess Above $60,000
A contract stipulated that the broker was authorized to offer certain property for sale, and in lieu of the usual brokerage you are offered ten per cent. on the excess above $60,000. Held, that i...
-Sec. 1095. Broker Held Entitled To Remaining Commissions From Proceeds Of Sale Of Corporate Stock
In an action by a broker to recover commissions on a sale of realty, the evidence showed that defendant agreed to pay $20,000 commissions on the sale of certain coal lands, and that plaintiff secured ...
-Sec. 1096. Broker Refusing To Carry Out Contract Of Substitution Denied Recovery Of Commissions
Where a real estate broker agreed with a prospective tenant, and executed a receipt in full for his commissions, in order to enable the tenant to procure a lease, and to accept from the tenant stock a...
-Sec. 1097. Objection To Question Held Properly Sustained
In an action by a loan broker against a client who had refused to take the loan after a lender had been secured, the defendant testified that he told the lender's attorney that he would not complete t...
-Sec. 1098. Evidence Held Not To Show That Broker So Acted In The Interest Of Tenant As To Defeat Right To Commissions
Defendant entrusted to plaintiffs the leasing of certain property, offering to erect a building thereon for the tenant under a long lease. Other parties had come to plaintiffs to find them a building ...
-Sec. 1099. Special Finding Of Jury That Plaintiff Was Procuring Cause Of Sale Construed Not To Entitle To Commissions
In an action for a broker's commissions, the jury specially found that plaintiff was the procuring cause of the sale by the owner to the purchaser; but also found that plaintiff, before the sale, had ...
-Sec. 1100. Contract Held Not In Violation Of U
S. land laws. A contract whereby a party holding a homestead entry of government land, on which are certain improvements, agrees with another party to pay him a certain per cent. commission if he will...
-Sec. 1101. Extension Of Time Should Be Pleaded In Order To Justify Evidence Thereof
Where time was of the essence of a broker's contract for the sale of land, an extension of time should be pleaded in order to justify evidence thereof and its submission to the jury. Leuschner v. Pa...
-Sec. 1102. Contract Construed To Authorize Sale At $1,700 Gross
Where agents wrote the owner of a lot submitting offer of $1,500, less commissions, and the owner replied that he thought $1,700 a fair price, and that it would be acceptable to him, the agents were ...
-Sec. 1103. Contract Limited To One-Half The Net Profits On Lots Sold
Under a contract of appointment as exclusive agent for six months to sell and manage lots, agents to receive one-half the net profits, the agents are limited to one-half the net profits on sales made ...
-Sec. 1104. Construction Of Contract Where Broker Was To Receive One-Half The Net Profits
Under a contract whereby the parties agreed to put in cement sidewalks, build stone pillars, and write all advertiseemnts, in consideration of their appointmemt as exclusive agents to sell lands, all...
-Sec. 1104a. What Not An Interference With Right To One-Third Profits On Resale Of Land
In action involving defendant's right to commission on resale of land purchased by plaintiff, that the defendant notified purchaser before consummation of sale of such right; held, not interference wh...
-Sec. 1105. Construction Against Right Of Claimants To Commissions
In a controversy between rival claimants for commissions upon a sale of real estate, where there is no dispute that a certain person holds the title and paid the purchase price, and nothing to show th...
-Sec. 1106. Agreement Construed Not To Be Harsh Or Unreasonable
An agreement to pay plaintiff, a real estate broker, $500 in case a sale was made to one of his customers, in consideration of plaintiff's bringing such customer to inspect defendant's farm, without p...
-Sec. 1107. Contract Construed To Be An Agreement Of Agency
Plaintiff, the owner of land, entered into a contract with defendant and his partner, by the terms of which the defendant and his partner were to sink a well on the land, install a pumping plant, and ...
-Sec. 1108. Contract Not Being To Sell On Credit Enforceable Against Principal
A contract of real estate brokers on their principal's part to sell property for $35,500, payable $10,000 in cash, and balance to be arranged to the satisfaction of the owners, is enforceable against ...
-Sec. 1109. Contract Of Agent To Sell Land Not Objectionable, Though Not Signed By Both Parties
A contract for the sale of lands, made by the owner to a real estate agent, must be construed as like contracts between other parties, and that it provides for deducting from the agreed purchase price...
-Sec. 1110. Sale Of Land By Owner Entitled Brokers To Compensation, No Previous Notice Of Revocation Having Been Given
Defendant, after authorizing plaintiff and other brokers to sell land, made a contract with a purchaser to convey, in which it was specified, with plaintiff's consent, that the contract should be void...
-Sec. 1111. Contract For The Benefit Of A Third Person May, Under A Statute Providing Therefor, Be Enforced By Him
Where an owner contracted to convey to any purchaser secured by a broker employed to procure a purchaser, the contract was for the benefit of a purchaser procured by the broker within the provisions o...
-Sec. 1112. Construction Of The Word "Sold" As Used In The Contract
In the absence of a contrary showing, land is sold within a parol contract authorizing a broker to sell land for another, in consideration of a stipulated commission, when the broker produces a purcha...
-Sec. 1113. Distinction Between The Rules Of Law Applicable To A Consummated And An Unconsummated Contract Of Sale
where the agreement for the sale or exchange of real property has been consummated by an actual execution of a written contract therefor, in the absence of a stipulation to the contrary, the broker's ...
-Sec. 1115. Construction Of Broker's Contract For Commissions
Defendants, who had platted a subdivision, contracted with plaintiff for the sale of the lots, giving him the exclusive right of sale for six months. Plaintiff was to exercise reasonable diligence to ...
-Sec. 1116. Contract Held To Be Divisible And Not Entire
A contract with a broker, after providing the amount of the commissions to be paid on sales as made, recited that the commissions were to become due on one-quarter payment of the selling price of any...
-Sec. 1116a. Contract Held Indivisible
The defendant purchased a tract of land consisting of 1,167 acres, and agreed with plaintiffs, in consideration of their services in procuring the purchase, and upon other considerations, that plainti...
-Sec 1117. Construction Defining The Word "List" In Contracts With Brokers For The Sale Of Real Estate
A contract by a real estate broker to list real estate, is not satisfied by merely taking a description of the real estate by the broker, but the most restricted construction of the word list woul...
-Sec. 1118. Construction Of Contract To Pay Commissions To Broker
In an action for commissions on a contract by which plaintiff was employed to sell lots at private sale or public auction, collect all first moneys, and do certain other things, the question was whe...
-Sec. 1119. Construction Of Contract
F. & J. were agents for H. for the sale of real estate. H. had sold certain lands to G. F. acting as agent for G.' sold his lots to plaintiff, who paid down $200. The contract provided that it was mad...
-Sec. 1120. Construction Of Contract
A contract between a land owner and a real estate agent gave the agent the exclusive sale of the land for ten years at such prices as he might deem best, provided that no tract should be sold at less ...
-Sec. 1121. Construction Of Contract
A contract for the exchange of property made by plaintiff and a purchaser whom defendants had procured, provided that to bind the contract the purchaser had deposited with defendants a deed executed t...
-Sec. 1122. Construction Of Contract
Defendants agreed to procure a purchaser for plaintiffs' property, and procured one with whom plaintiffs executed a written contract, which provided that to bind the contract the purchaser had deposit...
-Sec. 1123. Definition In Broker's Contract Of The Word "Amount."
Plaintiff, a broker, wrote defendant asking what he would take for his land, including the stock and a five per cent. commission. Defendant replied that $22,500, your commission $1,112.50; this amoun...
-Sec. 1124. Interpretation Of Broker's Authority To Sell A Plantation
Plaintiff sues defendant for commissions alleged to be due him as selling agent of a certain plantation. Defendant resists, on the ground that the sending forward by himself of a power of attorney to ...
-Sec. 1125. Law Requiring Contract Employing Broker To Sell
land to be in writing not retroactive. Laws 1905, p. 110, c. 58, requiring a contract for payment of commissions to a broker for the sale of land to be in writing, is not retroactive. Dean v. William...
-Sec. 1126. Construction Of Term "Title Satisfactory To Purchaser. "
Where a contract for the sale of land calls for a title satisfactory to the purchaser, he has no arbitrary right to refuse the title offered, but it means that the vendor must furnish a good, marketab...
-Sec. 1127. Construction Of Broker's Contract And Defining The Word "Timber."
Where a broker's contract employed him to purchase timber options for a percentage of the net profits from the sale of the timber, and certain land was purchased in order to obtain the timber thereon,...
-Sec. 1128. When Law Of Place Of Performance Governs In Interpretation Of Contract
The place where a contract is made governs, as a general rule, the performance of its terms; but when it is the express intention of the parties that the contract is to be performed at a different pla...
-Sec. 1129. Law Of Place Of Performance Of Contract Governs As To Compensation
Where a contract employing a broker to procure a purchaser of real estate in Louisiana did not fix the compensation, but it appeared that the contract was made in Louisiana, without anything to indic...
-Sec. 1129a. Contract Of Agency Invalid In Nebraska, Invalid In Iowa
Oral contract; for commission for sale of real estate, made in Nebraska, and invalid there, because not in writing, as required by Cobleys* Ann. Stat. 1911; Held, invalid in Iowa. Brown & Brammer v. W...
-Sec. 1130. Definition Of Term "Pecuniarily Able" In Broker's Contract Of Employment
The term pecuniarily able, used with reference to the financial condition of the proposed purchaser procured by an agent of the vendor, does not mean that such purchaser must necessarily have all th...
-Sec. 1131. When Interpretation Of Contract Is For The Court, When A Question Of Fact For The Jury
The interpretation of writings is for the court, where they are are unambiguous, or where they are ambiguous in their terms and the ambiguity can be resolved by reference to other parts of the writing...
-Sec. 1132. Construction Of Contracts And Other Judicial Determinations
(1) An agreement by a landowner and an agent authorized sale if any trade be made within twelve months with parties brought to the owner by the agent to protect the agent in his commission, contempl...
-Contract Construction And Judicial Determinations. Part 2
(16) Where a loan broker, holding an agreement with the owner of a building option to furnish the necessary money, procures a portion of the money from a trust company, which insured the completion of...
-Contract Construction And Judicial Determinations. Part 3
(32) The owner of real property wrote to a number of brokers asking them to sell his property. A broker who received one of these letters, and who, without having the sale of the property or listing i...
-Contract Construction And Judicial Determinations. Part 4
(46) If a broker is entitled to recover any compensation on a sale made by his principal on terms different from those set forth in his contract, he must sue upon a quantum meruit and not on the contr...
-Contract Construction And Judicial Determinations. Part 5
(62) Where owners, in December, signed a contract giving brokers an exclusive agency for the sale of their property, and provided that the owner should pay a commission on any sale made by them, but f...
-Contract Construction And Judicial Determinations. Part 6
(84) A broker employed to sell a junior mortgage interest at a specified price has no authority to make a contract containing conditions, on the performance of which the purchaser agrees to take the i...
-Contract Construction And Judicial Determinations. Part 7
(104) In statute of frauds, Sec. 10, as amended by P. L. 1911, p. 703, relating to commissions of real estate brokers for effecting exchange or sale of lands, the word exchange has the same meaning ...
-Part VI. Forms. Listing, Brokerage And Other Contracts. No. 1 Listing Of Property With Agent For Sale
I,......, the owner in fee simple of......, do hereby authorize and appoint ......, a real estate dealer of ......, as my agent to procure the sale of the above-mentioned real estate, and agree to con...
-No. 2 Listing Of Property With Agent For Sale (Another Form)
This agreement made this ...... day of......, 19-----, between ......, of......, hereinafter called principal, and......, hereinafter called agent, witnesseth: That said principal has this day placed...
-No. 3 Exclusive Agency For The Sale Of Real Estate
I hereby employ the......agency as my sole agent, and give it the exclusive right to sell, as such agent, for...... months, and thereafter until terminated by five days' notice, in writing, from me, t...
-No. 4. Real Estate Board Contract Of Exclusive Agency To Sell Real Estate
...................................... To................ In consideration of your listing for sale and undertaking to find a purchaser for the real estate described on the memorandum on the reverse...
-No. 5. Uniform Sale Contract Adopted By The Cincinnati Real Estate Board
19 . ......hereby authorize.. and employ........as sole agent to sell the fo...
-No. 6. Uniform Contract To Procure A Purchaser Adopted By The Cincinnati Real Estate Board
............................, 19. . . . I hereby agree to sell the following property, viz.: (describe the same), for the sum of ...... dollars, payable (state the terms), and authorize ...... to pro...
-No. 7. Employment Of Agent To Secure A Loan
19 To................ I, ......, do hereby authorize and appoint yon as my agent...
-No. 8. Power Of Attorney To Sell Lands
Know all men by these presents, that I, ......, of ......, have made, constituted and appointed, and by these presents do make, constitute and appoint......., of ......, my true and lawful attorney in...
-No. 9. Power Of Attorney To Lease Lands
Know all men, that I,......, of the......of......, state of......, do hereby constitute and appoint......, of the...... of......, state of......, my attorney in fact, for me and in my name to demise,...
-No. 10. Contract For The Sale Of Real Estate
This agreement made and entered into at......, this...... day of......, 19-----, by and between ......, of......, witnesseth that the said......hath sold, and doth agree to convey in fee simple unto ...
-No. 11. Agreement For Sale And Purchase Of Land
Agreement made and entered into on this......day of 19.., between......, of......, hereinafter called vendor, and......, of......, hereinafter called purchaser, being respectively parties of the first...
-No. 12. Agreement For The Sale Of Land, With Special Conditions
Agreement made this ...... day of......, 19........, between ......, of......, hereinafter called the vendor, and......, of ......, hereinafter called the purchaser. 1. The said vendor agrees to se...
-No. 13. Agreement For Sale, With Special Conditions (Short Form)
Agreement made the......day of 19...., between......, of ......, party of the first part, and......, of......, party of the second part. 1. The said party of the first part, for the consideration he...
-No. 14. Agreement For The Sale Of Land, With Provision Against Nuisances
This indenture, made this...... day of......, 19...., between ......, of......, party of the first part, and......, of ......, party of the second part, witnesseth: Said party of the first part, in ...
-No. 15. Agreement For The Purchase Of Farm Land On Long Time
Agreement made this ...... day of......, 19-----, between ......, of......, party of the first part, and......, of......, party of the second part. 1. Said party of the first part, in consideration ...
-No. 16. Agreement For The Purchase Of Land, With Provision For The Payment Of Purchase Money By Instalments, The Purchaser Becoming Tenant Of The Vendor
Agreement made this ...... day of......, 19-----, between ......, of......, party of the first part, and......, of......, party of the second part. 1. Said party of the first part, in consideration ...
-No. 17. Sale Of Lot On Weekly Or Monthly Payments
This agreement made this ...... day of......, 19......., by and between ......, henceforth called the seller, and ......, henceforth called the buyer, witnesseth: That the seller had sold to the buyer...
-No. 18. Agreement For The Sale And Purchase Of A Dwelling-House
This agreement made this ...... day of ......, 19...., between ......, of ......, hereinafter called the vendor, and ......, of ......, hereinafter called the purchaser, witnesseth: That the said ve...
-No. 19. Agreement To Purchase, Subject To A Mortgage Which The Purchaser Assumes
Agreement made this ...... day of......, 19...., by and between......, of......, in the county of......and State of ......, party of the first part, and ......, of ......, in the county of......and S...
-No. 20. Contract Of Sale Of Fee Simple Or Leasehold Of Real Estate
This agreement, made in duplicate, this......day of......, 19...., between......, seller, and......, purchaser, witnesseth: The said seller hereby agrees to sell and convey, and the said purchaser h...
-No. 21. Sale And Purchase, Where Part Of Purchase Money Is Paid By Mortgage
Agreement made the ...... day of ......, 19.........., by and between ......, of ......, hereinafter called the vendor, and ......, of......, hereinafter called the purchaser. 1. The said vendor her...
-No. 22. Agreement For The Sale And Purchase Of Land
Articles of agreement made and concluded this...... day of ......, 19-----, by and between......, of......, in the State of......, and......, of......, in the State of....... First. The said ...., i...
-No. 23. Agreement For Sale, With Lease Clause
This agreement made and entered into this ...... day of ......, 19...., between ......, party of the first part, and ......, party of the second part, witnesseth: That if the party of the second pa...
-No. 24. Agreement For A Conditional Sale Of Property
This agreement made this ...... day of......, 19......., between ......, of......, party of the first part, and......, of ......, party of the second part, witnesseth: Said party of the first part d...
-No. 25. Agreement For The Sale Of Building Lot, With Option To Purchase Adjoining Lots
This agreement made the ...... day of ......, 19.........., between ......, hereinafter called the vendor, and......, hereinafter called the purchaser. The vendor will sell and the purchaser will buy...
-No. 26. Agreement That Purchaser May Retain Part Of Purchase Money Until A Defect In The Title Is Removed
Agreement made this ...... day of......, 19......., between ......, of......, hereinafter called the vendor, and......, of ......, hereinafter called the purchaser. Whereas, by a contract bearing da...
-No. 27. Receipt For Deposit By Purchaser
$........... , 19 Received of......,......dollars, as a guaranty of...
-No. 28. Agreement To Be Signed By A Purchaser Of Land At Auction
I hereby acknowledge that I have this day purchased, at public auction, all that lot of land (follow with full description), for the sum of......dollars, and have paid into the hands of......, auction...
-No. 29. Agreement To Be Signed By An Auctioneer After A Sale Of Land At Auction
I hereby acknowledge that ...... has been this day declared by me the highest bidder and purchaser of all that certain lot of land (giving description), at and for the sum of......dollars, and that he...
-No. 30. Agreement For Exchange Of Properties
An agreement made this ...... day of ......, 19........, between ......, of......, party of the first part, and......, of ......, party of the second part. 1. The said party of the first part shall ...
-No. 31. Agreement For The Exchange Of Parcels Of Land
Agreement made this......day of ......, 19-----, between ......, of......, party of the first part, and......, of......, party of the second part. Whereas the said party of the first part is the owne...
-No. 32. Agreement For The Sale Of Building Lots, The Vendor To Make Advances
Agreement made this ...... day of......, 19-----, between ......, of ......, hereinafter called the vendor, party of the first part, and......, of......, hereinafter called the purchaser, party of th...
-No. 33. Agreement For Exchange Of Real Estate
This agreement made and entered into this ...... day of ......, 19-----, by and between......, party of the first part, and......, party of the second part, witnesseth: That for and in consideration...
-No. 34. Agreement For The Sale Of Standing Timber
Agreement made the ...... day of ......, 19...., between ......, of......, hereinafter called the vendor, and......, of ......, hereinafter called the purchaser. The vendor will sell and the purcha...
-No. 35. Agreement For The Sale Of Crop Of Grass
Agreement made the ...... day of ......, 19.....between ......, of......, hereinafter called the vendor, and ......, of ......, hereinafter called the purchaser. It is agreed as follows: 1. The ve...
-No. 36. Agreement For The Sale Of A Growing Crop Of Fruit
Agreement made the ...... day of ......, 19...., between ......, hereinafter called the vendor, and ......, hereinafter called the purchaser. The vendor will sell and the purchaser will buy all that...









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