Shoemaker v. Digges
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action by a real estate broker to recover commissions on the sale of land for the defendant.
Read the full summary
Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action by a real estate broker to recover commissions on the sale of land for the defendant. The Court in the opinion stated the facts as follows: Daniel Carroll Digges as plaintiff below filed a declaration with the common money counts against Louis P. Shoemaker, claiming $0,332.50. The particulars of demand attached to the declaration show the claim for a. 5 per cent commission on the sale for defendant to one Fulton Gordon of 50 acres of land in the District of Columbia for $126,650.…
1Opinion of the CourtChief Justice Shepard
It is the law that an owner of property has the right to employ many brokers, and to reserve the right to sell himself, and to pay such broker as shall close the sale with a customer; but, notwithstanding this, if a broker finds a customer with whom the owner closes the deal, and is the real procurer of the sale, he is entitled to his commissions. Bryan v. Abert, 3 App. D. C. 180, 187; Block v. Ryan, 4 App. D. C. 283, 286; Shinn v. Evans, 37 App. D. C. 304, 308; and Moore v. Breuninger, 34 App. D. C. 86, 91.
This question of fact was submitted to the jury in a charge that we find…
2Cited by4 opinions
- Lady v. Realty Associates, Inc.District of Columbia Court of Appeals · 1943
- Dawson v. NorrisDistrict of Columbia Court of Appeals · 1954
- O'BRIEN v. MorganDistrict of Columbia Court of Appeals · 1954
- Hecht Co. v. WhitefordCourt of Appeals for the D.C. Circuit · 1943