Hardwick v. Marsh
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Eankfora, Judge; The fact that a person has employed a broker to negotiate a sale does not, in the absence of a special contract, deprive him of the right to negotiate; and if he procures a sale without any agency of the broker, he is not liable to the latter for a commission. 4 Am. & Eng. Ency. 979; 55 Ark. 574. Appellee is entitled to his commissions. 9 Cyc. 285; 19 Cyc. 222; 78 N. Y. 300; 7 N. C. 422; 26 O. St. 334.
1Opinion of the CourtHart, J.
This is an appeal by J. D. Hardwick from a judgment rendered against him in the Lonoke Circuit Court in favor of C. R. Marsh for the sum of $300 for commissions alleged to be due him in the sale of land.
The only assignment of error pressed upon us for reversal is that the evidence does not warrant the verdict. The evidence is practically undisputed, and is substantially as follows:
J. D. Hardwick resided in Ardmore, Oklahoma, and owned certain real estate in Lonoke County, Arkansas, which he wished to sell. C. R. Marsh was a real estate broker located at Carlisle, Arkansas, near where the land…
2Cases cited1 opinion
- Blumenthal v. BridgesSupreme Court of Arkansas · 1909
3Cited by10 opinions
- Popplewell v. BuchananCourt of Appeals of Texas · 1918
- Flinders v. HunterUtah Supreme Court · 1922
- Manzo v. ParkSupreme Court of Arkansas · 1952
- Halbert v. Block-Meeks Realty Co.Supreme Court of Arkansas · 1957
- Porter v. DeeterSupreme Court of Arkansas · 1964
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