Legal Opinion

Scott v. Patterson & Parker

Supreme Court of Arkansas

Decided March 15, 1890PublishedCited by 28 opinions

APPEAL from Sebastian Circuit Court, Fort Smith District. George A. Grace, Special Judge. 1, The only point in this case is whether or not appellees were “the procuring cause of the sale.’’ Where negotiations are broken off in good faith, and a sale is afterwards made between the same parties, without the intervention of the broker, he is not entitled to commissions. 33 Ark., 448. “The procuring cause of the sale’’ is equivalent to “the immediate and efficient cause of the…

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APPEAL from Sebastian Circuit Court, Fort Smith District. George A. Grace, Special Judge. 1, The only point in this case is whether or not appellees were “the procuring cause of the sale.’’ Where negotiations are broken off in good faith, and a sale is afterwards made between the same parties, without the intervention of the broker, he is not entitled to commissions. 33 Ark., 448. “The procuring cause of the sale’’ is equivalent to “the immediate and efficient cause of the sale.’’ 54 Pa. St., 394; 61 Pa. St., 415; 63 Pa. St., 445; 83 Pa. St., 378. The evidence shows that appellees were “the…

1Opinion of the CourtHughes, J.

Appellant employed appellees, as real estate agents, to sell for him a tract of land, gave them the numbers of the land, the price and terms, which were ten dollars per acre, one-third cash and the balance in equal payments in one and two years. Scott, the appellant and owner of the land, was introduced by the appellees to Mrs. Humphries, the prospective purchaser, and negotiations were pending between her and Scott for about a week, without any agreement. Afterwards they met at the office of appellees, for the purpose of determining the matter. They failed to agree and appellant informed…

2Cases cited2 opinions

  1. Tyler v. ParrSupreme Court of Missouri · 1873
  2. Lincoln v. McClatchieSupreme Court of Connecticut · 1869

3Cited by28 opinions

  1. In the Matter of Steelship Corporation, Bankrupt. Vilas and Sommer Inc. v. Emon Mahony, Jr., TrusteeCourt of Appeals for the Eighth Circuit · 1978
  2. Roberts v. MarkhamSupreme Court of Oklahoma · 1910
  3. Blackwood v. EadsSupreme Court of Arkansas · 1911
  4. Stiewel v. LallySupreme Court of Arkansas · 1909
  5. Branch v. MooreSupreme Court of Arkansas · 1907

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