Harrell v. Zimpleman
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Walker. The appellees, Zimpleman and Bergen, brought this suit August 5, 1884, against the appellant, Jos.
Read the full summary
Appeal from Travis. Tried below before the Hon. A. S. Walker. The appellees, Zimpleman and Bergen, brought this suit August 5, 1884, against the appellant, Jos. Harrell, to recover $500, commission fees due them, as agents of appellant, in the sale of certain property in the city of Austin, known as the Southern Hotel, and which they alleged Harrell himself sold to one Ira H. Evans, in direct violation of an agreement made between appellant and appellees, in which it was stipulated that they were to have the exclusive control of the property as to a sale of it, from March 29 to June 1, 1884.…
1Opinion of the CourtStayton, Associate Justice
The original petition simply alleged that it was customary when property was placed by its owner in the hands of a real estate agent for sale, for the owner to pay to such agent a reasonable compensation for such services as the agent might render, if the property was sold while the agent controlled it.
In the absence of a contract making the right to compensation dependent on the fact that the property should be sold by the agent, such is the law, without reference to custom. He that requests another to perform services for him is understood to agree to pay a reasonable compensation for such…
2Cited by17 opinions
- Donnan v. AdamsCourt of Appeals of Texas · 1902
- Van Camp Packing Co. v. HartmanIndiana Supreme Court · 1890
- Folmar v. ThomasCourt of Appeals of Texas · 1917
- Blair v. SlossonCourt of Appeals of Texas · 1901
- French v. LoveCourt of Appeals of Texas · 1926
12 more not listed; retrieve them via the Exa API.