Burton v. Wilson
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; R. if. Dudley, Judge; STATEMENT OE EACTS. Appellant sued appellees to recover commissions alleged to be due him for selling certain real estate belonging to appellees.
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Appeal from Mississippi Circuit Court, Chickasawba District; R. if. Dudley, Judge; STATEMENT OE EACTS. Appellant sued appellees to recover commissions alleged to be due him for selling certain real estate belonging to appellees. The facts necessary to present the issues raised by this appeal, briefly stated, are as follows: A. O. Burton, appellant, is a real estate broker in Mississippi County, Arkansas, and had been for eight or ten years prior to the transaction involved in this suit. He had negotiated sales of lands in different parts of the county. During the fall of 1916, he went to see…
1Opinion of the Court
HART, J.,
(after stating the facts). The chief reliance of counsel for appellant for a reversal of the judgment is, that the court erred in refusing to allow him to prove by witnesses that the universal custom between land owners and real estate brokers in Mississippi county, is, that when a tract of land is listed with a broker for a designated price per acre net to the owner, the broker gets as his commission all that he sells the land for in excess of the list price. Counsel for appellant admit that generally it is the duty of the court to construe a written contract and declare its terms…
2Cases cited3 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Boysen v. RobertsonSupreme Court of Arkansas · 1902
- Bennett v. ThompsonSupreme Court of Arkansas · 1916
3Cited by2 opinions
- Southern Coal Co. v. Searcy Transfer Co.Supreme Court of Arkansas · 1922
- Venturi, Inc. v. AdkissonSupreme Court of Arkansas · 1977