This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
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 evidence that the broker procured a contract for the purchase of the property at a price satisfactory to defendants; the purchaser did not take title, and the defendant urged the fact as a defense; the broker testified that at the time of his employment the defendant had not then acquired title, and that the clause "if title is taken" referred to the conveyance to the defendant by the prior owners. Held, that the question of the meaning of the contract was for the jury. Thill v. Schonzeit, 93 N. Y. S. 383, 104 App. Div. 151; Condict v. Cow-drey, 123 N. Y. 463, 25 N. E. 946; Lechnyr v. Germansky, 113 N. Y. S. 969; Weaver v. Richards, 156 Mich. 320; Schlegal v. Fuller, 149 P. 1118, - Okl. Sup. -; Norman v. Ellis, 143 P. 1112, 74 Or. 168; Dickinson v. Hahn, 119 N. W. 1034, 23 S. D. 65; Weaver v. Gaskins, 180 I11. App. 28; Hill v. Dakin, 143 N. W. 821, 162 Iowa, 103; Thompson v. Soule, 83 A. 1103, 109 Me. 286; Gordon v. First Univer. Society of Marlborough, 104 NT. E. 448, 217 Mass. 30; Heimberger v. Budd, 138 N. W. 374, 30 S. D. 289; Inman v. Brown, 147 S. W. 652, - Tex. Civ. App. -; Paysant v. Candill, 154 P. 170, 89 Wash. 250. See sec. 1131.
 
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