DocketNumber: No. 1462, Op. Book No. 2, p. 753
Citation Numbers: 1 White & W. 483
Judges: White
Filed Date: 2/24/1883
Status: Precedential
Modified Date: 9/2/2021
Opinion by
§ 843. Agents commissions for sale of property; token he is entitled to. Appellees brought this suit to recover of appellant $1,000, as commissions for services rendered by them as agents of appellant to sell certain real estate. There was a conflict of evidence on the trial as to the contract between the parties, but plaintiffs’ evidence proved that they were to receive $1,000 if they found a purchaser of the property at the price asked; that they found a purchaser who was ready, able and willing to make the purchase, and who would have purchased, but that appellant refused to make the sale. Appellees recovered judgment for the full amount of their demand. Held: 4 4 Where an agent undertakes to sell property for a specified sum, if he finds a person ready and willing to purchase at the price named, and on the terms specified, he has earned his commission. All he can do is to bring the minds of vendor and vendee to an agreement. He has no power to execute a contract, pay money, or convey the land, nor can he compel either party to perform. The refusal of his employer to complete the bargain cannot affect his right to commissions. ” Again it is said: 4 4 The purchaser found must be ready, willing and in a condi
Affirmed.