Hunton v. Marshall
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Styles T. Rowe, Judge. STATEMENT BY THE COURT. Action by J. E. Marshall against Mrs. E. H. M. Hunton to recover the amount of commission alleged to have béén earned by the plaintiff as a real estate agent under employment by the defendant for the sale of certain real estate, in the city of Fort Smith, owned by her. The plaintiff recovered judgment for the amount sued for, and defendant appeals.
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Appeal from Sebastian Circuit Court, Fort Smith District. Styles T. Rowe, Judge. STATEMENT BY THE COURT. Action by J. E. Marshall against Mrs. E. H. M. Hunton to recover the amount of commission alleged to have béén earned by the plaintiff as a real estate agent under employment by the defendant for the sale of certain real estate, in the city of Fort Smith, owned by her. The plaintiff recovered judgment for the amount sued for, and defendant appeals. A broker is not entitled to commissions for unsuccessful efforts. 83 N. Y. 383; 61 N. Y. 416; 73 Ga. 301. In a suit by a -real estate agent for…
1Opinion of the CourtMcCuuuoch, J.
No exceptions were saved below on the introduction of testimony, and none to the rulings of the court in giving or refusing instructions. The only question presented by counsel here is whether or not the plaintiff was the procuring cause of the sale, so as to entitle him to commission.
It is not disputed that plaintiff was a real estate agent, that defendant listed her property with him for sale at the stipulated price of $2,250, and that he at once opened up the first negotiations with one Crawford, who finally became the purchaser.
Appellee testified that, as soon as appellant placed the…
2Cases cited1 opinion
- Scott v. Patterson & ParkerSupreme Court of Arkansas · 1890
3Cited by13 opinions
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- Stiewel v. LallySupreme Court of Arkansas · 1909
- Hodges v. BayleySupreme Court of Arkansas · 1912
- Branch v. MooreSupreme Court of Arkansas · 1907
- Boqua v. MarshallSupreme Court of Arkansas · 1908
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