Hill v. Jebb
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. James B. Wood, Judge. Hill, a real estate broker, wrote to Jebb for authority to -sell certain lots in Hot Springs belonging to the latter. In: reply Jebb authorized him, by letter dated February 5, 1887, to sell the property for $30,000, and agreed to pay him a -commission of 2 per cent., but added : “Of course the land is subject to sale at any time to others; I cannot give a refusal.”
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APPEAL from Garland Circuit Court. James B. Wood, Judge. Hill, a real estate broker, wrote to Jebb for authority to -sell certain lots in Hot Springs belonging to the latter. In: reply Jebb authorized him, by letter dated February 5, 1887, to sell the property for $30,000, and agreed to pay him a -commission of 2 per cent., but added : “Of course the land is subject to sale at any time to others; I cannot give a refusal.” On the 23d of March, 1887, A. B. Gaines telegraphed from Hot Springs to Jebb at Thomasville, Ga., offering $25,000 for the lots, of which $5000 was to be paid in cash. On…
1Opinion of the CourtHemingway, J.
The employment of a broker to sell a. tract of land constitutes a special agency, and when a sale is made the only purpose of the agency is accomplished,, whether the sale be due to or independent of the acts of the-agent. If the proprietor in' employing the broker reserves the right to make a sale in person, independently of the broker, this imports a notice to the latter, and an agreement by him, that the proprietor may make a sale without the-agency of the broker and thereby terminate it. If the compensation of the broker is dependent upon his consummating-a sale, he can ask nothing unless…
2Cases cited3 opinions
- Lane v. AlbrightIndiana Supreme Court · 1874
- Dolan v. ScanlanCalifornia Supreme Court · 1881
- Ahern v. BakerSupreme Court of Minnesota · 1885
3Cited by9 opinions
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- Blumenthal v. BridgesSupreme Court of Arkansas · 1909
- Duval v. MoodyCourt of Appeals of Texas · 1900
- Pinkerton v. HudsonSupreme Court of Arkansas · 1908
- McCombs v. MossSupreme Court of Arkansas · 1916
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