Harris v. Wheeler

I respectfully dissent. This cases involves the construction of a special contract, and the rights of the parties to it should be determined by its provisions, and not under the general law of brokerage. The general rules that a broker earns his compensation when he presents a purchaser ready, willing, and able to buy at the price and on the terms specified, and that unless the broker warrants the financial ability of the purchaser the vendor by accepting him takes the risk of payment, have no application to cases where the contract is special and makes the payment of the commission…