Derbes v. Dallimore

The facts in this case are stated in detail in our opinion rendered when it was originally before us. See Derbes v. Dallimore, 8 So.2d 124. Briefly it involves the right of a real estate broker to collect a commission on a contract for the sale of real estate. We held that the contract was null under Article 2034 of the Revised Civil Code because it contained a potestative condition. However, since it was admitted that the defendant, the proposed vendor had received notice that the condition had been met and there was nothing in the record to show whether defendant's refusal to comply with…