Kendrick v. Speck

The difficulty which confronts the court in this ease is that the parties made no provision in their contract for the contingency which has arisen. The note in suit formed part of a contract whereby the vendors agreed to pay the broker a commission of 10 per cent, on the selling price of the land if he would secure a purchaser at $3,009 an acre, amply able to carry out the contract, who would pay one-third of the purchase price in cash. One-half of the commissions was to be paid out of the cash payment, and the remaining hálf was to be paid out of the second payment by the purchaser when and…