Legal Opinion

Stedman & Bowman v. Richardson

Court of Appeals of Kentucky

Decided October 24, 1896PublishedCited by 16 opinions

Case 13 — PETITION ORDINARY APPEAL FROM FAYETTE CIRCUIT COURT. 1., The broker is entitled to recover if the purchase was the natural and proximate result of his efforts. Mecbem on Agency, sec. 960; Lincoln v. McClatchie, 36 Conn., 136; Anderson v. Cox, 1C Neb., 10; Green v. Bartlett, 14 Com.

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Case 13 — PETITION ORDINARY APPEAL FROM FAYETTE CIRCUIT COURT. 1., The broker is entitled to recover if the purchase was the natural and proximate result of his efforts. Mecbem on Agency, sec. 960; Lincoln v. McClatchie, 36 Conn., 136; Anderson v. Cox, 1C Neb., 10; Green v. Bartlett, 14 Com. Bench (N. R), 681. '2. If the principal accepts a purchaser found by tbe broker and enters into a valid contract of sale with him, either upon the terms previously proposed or upon modified terms then agreed upon, the commission is earned. Coleman’s Exor. v. Meade, 13 . Bush 3C3; nor can the principal,…

1Opinion of the Court

JUDGE PAYNTER

deliveeed tiie opinion of the coubt:

As real estate brokers Stedman & Bowman claim they are entitled to recover certain commissions, which they claimed they earned in the sale of a house and lot in Lexington, Ky.

The law and the facts were submitted to the court and the court found the facts to he that “defendant was to pay them a commission of two per cent upon the selling price for their services in the event that plaintiffs procured a purchaser for said property; that plaintiffs did find O. H. Chenault, and did show him said *81property with a view to securing him as a purchaser;…

2Cases cited3 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Fultz v. WimerSupreme Court of Kansas · 1886
  3. Beauchamp v. HigginsMissouri Court of Appeals · 1886

3Cited by16 opinions

  1. Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1904
  2. LaForce v. Washington UniversityMissouri Court of Appeals · 1904
  3. Sallee v. McMurryMissouri Court of Appeals · 1905
  4. Talbott v. TreacyCourt of Appeals of Kentucky (pre-1976) · 1926
  5. Baskett v. JonesCourt of Appeals of Kentucky · 1920

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