Isern v. Gordon

The opinion of the court was delivered by

Hutchison, J.:

This is an action by a real-estate agent against a landowner to recover for the breach of an exclusive agency contract, and the only question involved is the amount of compensation or damages he should recover where he did not procure a prospective purchaser, but the owner sold the land to one procured by another agent within the time given exclusively to the plaintiff. Is it to be a commission based upon the price received by the owner or is it to be damages incurred in endeavors to procure a purchaser?

The case was commenced in the…