Pasley v. Barber

NESBETT, Chief Justice.

The appellant real estate broker’s sales agent was also employed as bookkeeper for appellee’s business and was generally familiar with and advised appellee concerning her business affairs. The principal question to be decided is whether appellant was correctly denied recovery of his real estate commission by the trial court because his salesman knew or should have *550known that appellee was unable to convey clear title to the property listed for sale, it being then involved in divorce litigation.

The facts are that on October 29, 1959, appellee, in writing, listed the A-l…