Wallace v. McKenna
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Lewis County. Hon. E’dgar C. Steele, Judge. Action on contract to recover real estate broker’s commission. Judgment for plaintiff.
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APPEAL from the District Court of the Second Judicial District, for Lewis County. Hon. E’dgar C. Steele, Judge. Action on contract to recover real estate broker’s commission. Judgment for plaintiff. “Before a broker can be said to have earned his commission, it must be shown that he procured a purchaser who was ready and willing to make the purchase on terms satisfactory to his employer, and that he was the efficient agent or procuring cause of the sale; also that he performed the duty assumed by him within the time limited in his contract, or within such extension of time as may have been…
1Opinion of the CourtBudge, C. J.
This action was brought by respondent to recover the sum of $900 as commission for the sale of certain real estate. The cause was tried to a jury and a verdict returned in favor of respondent for $541:66%, upon which judgment was entered. A motion for a new trial was denied. This appeal is from the judgment and from the order overruling the motion for a new; trial.
On June 25, 1915. appellant signed an agreement authorizing respondent to sell certain lands, the clause in said agreement which is material to the questions herein discussed reading as follows:
“I hereby authorize and employ you to…
2Cases cited11 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- Brown v. MasonCalifornia Supreme Court · 1909
- LaForce v. Washington UniversityMissouri Court of Appeals · 1904
- Ropes v. John Rosenfeld's SonsCalifornia Supreme Court · 1905
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3Cited by3 opinions
- WO KEPLER v. WHW Management, Inc.Idaho Court of Appeals · 1992
- Igo v. BrinkmanSupreme Court of Minnesota · 1922
- Wallace v. McKennaIdaho Supreme Court · 1923