Harris & White v. Stone
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge; STATEMENT OE EAOTS. Tbis is an action for commissions for procuring a purchaser for real estate. Tbe plaintiffs are John R. Harris and N. H. White, composing the firm of Harris & White, real estate agents, and the defendant is W. C. Stone, who owned a farm near Fayetteville, Arkansas.
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Appeal from Washington Circuit Court; J. S. Maples, Judge; STATEMENT OE EAOTS. Tbis is an action for commissions for procuring a purchaser for real estate. Tbe plaintiffs are John R. Harris and N. H. White, composing the firm of Harris & White, real estate agents, and the defendant is W. C. Stone, who owned a farm near Fayetteville, Arkansas. The firm of Harris & White had had the farm of W. C. Stone for sale for several months and then the parties entered into the following contract: “Fayetteville, Ark., Oct. 6, 1916. “Will Stone land south of town 4 miles. “In this tract there is 167 acres,…
1Opinion of the Court
HART, J.,
(after stating the facts). It is earnestly insisted by counsel for the plaintiffs that the court erred in giving instruction number 8, which is as follows: “I charge you that the written contract introduced in evidence by the plaintiffs does not deprive the owner of the right to sell the lands himself without being liable to the plaintiffs for a commission unless the plaintiffs show by a preponderance of the evidence that they were the procuring cause of the sale.”
The court did not err in giving this instruction. The instruction is in accordance with the principles of law laid down…
2Cases cited2 opinions
- Blumenthal v. BridgesSupreme Court of Arkansas · 1909
- Hill v. JebbSupreme Court of Arkansas · 1892
3Cited by4 opinions
- Kernaghan & Cordill v. UthoffSupreme Court of Louisiana · 1932
- Carpenter v. PhillipsSupreme Court of Arkansas · 1923
- Polk &8212 Bourne Real Estate Co. v. KahnSupreme Court of Arkansas · 1927
- Polk-Bourne Real Estate Co. v. KahnSupreme Court of Arkansas · 1927