Legal Opinion

Walker v. Van Valkenberg

Court of Appeals of Texas

Decided November 10, 1926No. 7033PublishedCited by 11 opinions

1Opinion of the CourtMcCLENDON, C. J.

Suit by F. G. Van Valkenberg, appellee, against A. W. Walker, appellant, for real estate agent’s commission of 5 per cent, on sale of a lot in Dallas, Tex. Trial to court. Judgment for appellee.

The controlling question in the case is whether appellant, defendant below, was entitled to judgment as a matter of law, under the following well-established principle:

“Where property is placed for sale with two or more real estate brokers, the owner, provided he remains neutral towards the several brokers, is liable for commissions only to the one who first completes a sale, or, if the owner has not…

2Cases cited5 opinions

  1. Keener v. ClevelandTexas Commission of Appeals · 1923
  2. Edwards v. PikeCourt of Appeals of Texas · 1908
  3. Bellis v. Hann KendallCourt of Appeals of Texas · 1913
  4. Brown v. OdnealCourt of Appeals of Texas · 1922
  5. McFarland v. MartinCourt of Appeals of Texas · 1924

3Cited by11 opinions

  1. Lyon v. HarmonCourt of Appeals of Texas · 1948
  2. Briden v. OsborneCourt of Appeals of Texas · 1944
  3. Ogden v. Yates' EstateCourt of Appeals of Texas · 1941
  4. Heath v. EllistonCourt of Appeals of Texas · 1940
  5. Higdon v. ChannellCourt of Appeals of Texas · 1937

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