Jacobs v. Rothschild

I think the majority opinion misconstrues the holding of this court in Gilliland v. Jaynes, 36 Okla. 563, 129 P. 8. It is being construed by the majority opinion as holding to secure “a purchaser who is ready, twilling and able to buy” or “to procure a written agreement to buy from the purchaser.”

In my judgment the opinion holds that in addition to the purchaser’s ability to buy, the broker must secure a written contract from him that can be enforced by the landowner as evidenced by Reynolds v. Anderson, 37 Okla. 368, 132 P. 322, in an opinion adopted within less than four months of the time…