Brittson v. Smith
Michigan Supreme Court
Error to Shiawassee; Miner, J. Assumpsit by Albert Brittson and Marion Smith, co-'partners, against William H. Smith. A judgment for defendant on a verdict directed by the court, is reviewed by defendant on writ of error.
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Error to Shiawassee; Miner, J. Assumpsit by Albert Brittson and Marion Smith, co-'partners, against William H. Smith. A judgment for defendant on a verdict directed by the court, is reviewed by defendant on writ of error. The testimony for plaintiffs tended to prove that on or about November 15, 1909, they made an oral agreement with the defendant that if they would sell, or find a buyer for, defendant’s farm for such sum that the defendant would receive $6,400 for the farm, they were to have as their commission for selling the farm all of the purchase price over and above $6,400; that they…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). It is -apparent that the court construed the writing as counsel for the defendant construed it, as one for the sale of land, .-and not as a mere agreement to pay a commission to an agent or broker for selling land. The agreement gives to plaintiffs, for a limited time, the exclusive right to find a buyer for the farm who will pay at least $6,400 for it to the owner; the expressed inducement to plaintiffs to enter upon the work of finding a buyer being the right to retain for their services any sum greater than $6,400 which they can induce the purchaser to pay. Upon…
2Cases cited4 opinions
- Carr v. LeavittMichigan Supreme Court · 1884
- Obenauer v. SolomonMichigan Supreme Court · 1908
- Hannan v. PrentisMichigan Supreme Court · 1900
- Waterman Real Estate Exchange v. StephensMichigan Supreme Court · 1888
3Cited by9 opinions
- Milligan v. HaggertyMichigan Supreme Court · 1941
- McGavock v. DucharmeMichigan Supreme Court · 1916
- Gray v. YarbroughCalifornia Court of Appeal · 1923
- Cutler v. SpensMichigan Supreme Court · 1916
- Landskroener v. HenningMichigan Supreme Court · 1923
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