Bailey v. Spalding-Livingston Investments Co.
Utah Supreme Court
Appeal from District Court, Third District; 'Ron. M. L. Ritchie, Judge. Action, by W. D. B'ailey against the Spalding-Livingston Investments Company. Judgment for plaintiff. Defendant appeals. RESPONDENTS POINTS. The services of' a realty broker are fully performed and his commission fully earned when the sale of the property is •completed or when he has procured a purchaser ready and willing to enter into a valid contract of sale upon the terms fixed by the owner.
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Appeal from District Court, Third District; 'Ron. M. L. Ritchie, Judge. Action, by W. D. B'ailey against the Spalding-Livingston Investments Company. Judgment for plaintiff. Defendant appeals. RESPONDENTS POINTS. The services of' a realty broker are fully performed and his commission fully earned when the sale of the property is •completed or when he has procured a purchaser ready and willing to enter into a valid contract of sale upon the terms fixed by the owner. After a sale of real property has been •completed, the default or insolvency of the purchaser procured by the broker will not…
1Opinion of the CourtSteaup, J.
The plaintiff seeks to recover compensation for commissions alleged to have been earned by him and his assignor's as agents in the sale of lands for the defendant. The defendant was engaged in selling lands in Sanpete County through agents who solicited and procured purchasers. The complaint is in four counts. The first for commissions alleged to have been earned by the plaintiff, and unpaid, amounting to $3152; the second for $1680, the third $169, and the fourth forty-two dollars, for commissions earned by other agents and unpaid. The defendant pleaded the general issue and payment. The…
2Cases cited2 opinions
- Spragins v. . WhiteSupreme Court of North Carolina · 1891
- Manti City Savings Bank v. PetersonUtah Supreme Court · 1906
3Cited by2 opinions
- State v. ThompsonUtah Supreme Court · 1946
- Armstrong v. LarsenUtah Supreme Court · 1919