Crawford v. Woods

On Motion for Rehearing.

Appellant’s motion for a rehearing has received careful consideration, but we are still of opinion that this court has properly disposed of the appeal. At th'e time appellant Orawford and appellee Woods entered into the contract described in the fourth finding of fact appellant was apprised of the fact that Woods did not own the land, and therefore might never acquire title to it; and that fact, together with the terms of the contract to the effect “that no commission should be paid to plaintiff in connection with said property, unless the sale to Todd, Williamson, and Redd was actually consummated by payment of the cash consideration and execution and delivery of the notes and deed,” indicate with reasonable certainty that it was intended by both parties to that contract that appellant should have no right to claim a commission unless the sale was actually consummated, regardless of who might be to blame for such failure.

Motion overruled.