Nicoud v. Boley

Appellant bases his appeal on two propositions: (1) that the actual consummation of the sale was not a condition precedent to the payment of the commission; (2) if the consummation of the deal was a condition precedent to the payment of the commission, then that condition was waived and an estoppel to insist upon it existed.

Recovery is sought under the contract of May 28th, which is quoted in full in the statement of facts. This agreement contains such definite wording as that the commission is “to be paid on the day the conveyances are executed.” This pro-visión takes the case out from under…