Howard v. Sills & Purvis

1; Generally a broker’s commissions are earned when, during the agency, he • finds a purchaser ready, able, and willing to buy, and who actually offers to buy on the terms stipulated by the owner. Civil Code (1910), § 3587. An offer by the proposed purchaser to buy on terms not stipulated by the owner will not entitle the broker to his commissions.

2. As a general rule, where property is listed by an owner for sale through a real-estate broker at a stipulated price and commission, without anything being said as to terms of payment, the contract is to be construed as authority to the broker to…