Leimbach v. Nicholson

*450Hammond, J.,

filed the following dissenting opinion, in which Prescott, J., concurred.

I do not challenge the proposition that an owner of property may himself negotiate with, and sell to, a prospect brought to him by a broker, without having to pay commissions in either of two situations—if he has previously terminated the authority of the broker in good faith or if the broker has voluntarily abandoned the undertaking. The owner cannot escape commissions if he discharged, the broker in bad faith to avoid payment of commissions, or if he wrongly compelled or induced the broker to withdraw.

I…