Harry H. Rosin Co. v. Eksterowicz
Superior Court of Delaware
The contract is as follows: “In consideration of your efforts to procure a purchaser for the property described on the reverse hereof, the undersigned agrees to pay you a commission of 5% on the gross consideration for which the said property is sold or exchanged, by whomsoever such sale or exchange may be made or effected during the term of this Agreement or any extension thereof.
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The contract is as follows: “In consideration of your efforts to procure a purchaser for the property described on the reverse hereof, the undersigned agrees to pay you a commission of 5% on the gross consideration for which the said property is sold or exchanged, by whomsoever such sale or exchange may be made or effected during the term of this Agreement or any extension thereof. Authority is hereby given you to act as Sole and Exclusive Agent to be Non-Revocable During a period of 3 months from the date hereof, and this Agreement shall continue in force thereafter until either party shall…
1Opinion of the Court
Layton, Judge.
An examination of many of the decisions bearing upon the right of a real estate agent to recover commissions indicates that the apparent confusion among them is capable of being resolved into certain fairly definable trends. Thus, where the contract is for an exclusive agency only, the owner is free to sell his property himself without liability to the agent for commissions. Polk-Bourne Real Estate Co. v. Kahn, 172 Ark. 593, 289 S. W. 770; Faith v. Meisetschlager, 45 Cal. App. 7, 187 P. 61; Wozniak v. Seigle, 226 Ill. App. 619; Hedges Co. v. Shanahan, 195 Iowa 1302, 190 N. W.…
2Cases cited26 opinions
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Harris v. McPhersonSupreme Court of Connecticut · 1922
- Turner v. BakerSupreme Court of Pennsylvania · 1909
- Bell v. DimmerlingOhio Supreme Court · 1948
- Smith v. PreissSupreme Court of Minnesota · 1912
21 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Yolton v. El Paso Tennessee Pipeline Co.Court of Appeals for the Sixth Circuit · 2006
- Haft v. Dart Group Corp.District Court, D. Delaware · 1993
- Ladd v. TeichmanMichigan Supreme Court · 1960
- Oglesby v. Penn Mutual Life InsuranceDistrict Court, D. Delaware · 1995
- Lambert v. HaskinsSupreme Court of Colorado · 1953
6 more not listed; retrieve them via the Exa API.