Boysen v. Robertson
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Hance N. Hutton, Judge. This was a contract of sale, if any at all, and the agent was allowed only a reasonable amount for making it. 15 S. W. 912; Bapalje, Beal Estate Brokers, 77. An agent who is authorized to sell for a fixed price and sells for a higher price must account for the excess. 1 G-ilm. (111.) 269; 55 111. 288; 13 La.
Read the full summary
Appeal from Phillips Circuit Court. Hance N. Hutton, Judge. This was a contract of sale, if any at all, and the agent was allowed only a reasonable amount for making it. 15 S. W. 912; Bapalje, Beal Estate Brokers, 77. An agent who is authorized to sell for a fixed price and sells for a higher price must account for the excess. 1 G-ilm. (111.) 269; 55 111. 288; 13 La. An. 18; 36 Barb. 349; 31 111. 404; 62 Ind. 255; 27 111. App. 244. Under the statute of frauds a sufficient writing is necessary. 45 Ark. 28. The plaintiff knew the extent of the agent’s authority. Story, Agency (9th Ed.), § 133;…
1Opinion of the CourtBattle, J.
Mrs. Anna A. Jones was the owner of 3852.73 acres in Lee county, in this state. She authorized J. T. Robertson, a real estate broker, to sell the same at “three dollars per acre net to her." For about two years Robertson had control of the lands, rented thorn, paid taxes on them, and endeavored to sell. In March, 1896, A. Boysen authorized J. Gr. Thweatt to purchase the land, and Robertson sold the land to Thweatt for Boysen, Thweatt, as such agent, agreeing to pay Mrs.. Jones three dollars an acre, and to Robertson fifty cents an acre as a compensation for selling. While this trade was…
2Cases cited1 opinion
- Turnley v. MichaelCourt of Appeals of Texas · 1891
3Cited by10 opinions
- American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
- Thweatt v. FreemanSupreme Court of Arkansas · 1905
- Allen v. J. A. Clopton Realty Co.Court of Appeals of Texas · 1911
- Louva v. WordenNorth Dakota Supreme Court · 1915
- Bennett v. ThompsonSupreme Court of Arkansas · 1916
5 more not listed; retrieve them via the Exa API.