Francis v. Baker
Supreme Court of Minnesota
Action brought in the district court for Bamsey county, to recover $3,680 and interest, as commissions for services in negotiating a sale to one J. Frank Collom, of 46 acres of land belonging to defendant, ■ of the value of $184,000. Defence, a general denial.
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Action brought in the district court for Bamsey county, to recover $3,680 and interest, as commissions for services in negotiating a sale to one J. Frank Collom, of 46 acres of land belonging to defendant, ■ of the value of $184,000. Defence, a general denial. At the trial, before Otis, J., there was evidence tending to show that on June 20, 1889, defendant verbally employed plaintiffs to find a purchaser of the property at $184,000 on specified terms of payment, and promised to pay them a commission; that plaintiffs introduced Collom to defendant as an intending purchaser, and that on June…
1Opinion of the CourtMitchell, J.
Where a person agrees with a real-estate broker to pay him a commission if he procures a purchaser for his property on specified terms, the broker, in order to entitle him to his commission, is bound to present a purchaser who is ready, able, and willing to buy on the proposed terms; and the principal is not bound to accept a proposed purchaser unless he is able to perform the contract on his part according to the proposed terms. But it is for the principal then to decide whether the person presented is acceptable; and if, without any fraud, concealment, or other improper practice on part of…
2Cases cited9 opinions
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Glentworth v. LutherNew York Supreme Court · 1855
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Love v. MillerIndiana Supreme Court · 1876
- Kimberly v. HendersonCourt of Appeals of Maryland · 1868
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3Cited by45 opinions
- Wilson v. MasonIllinois Supreme Court · 1895
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
- Walsh v. TurlickSupreme Court of Connecticut · 1972
- Scully v. WilliamsonSupreme Court of Oklahoma · 1910
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
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