Legal Opinion

Vaughan v. Odell & Kleiner

Supreme Court of Arkansas

Decided June 6, 1921PublishedCited by 3 opinions

Appeal from Arkansas Circuit Court, Northern District; W. B. Sorrells, Judge; The court erred in directing a verdict for defendants. 78 N. E. 106, 191 Mass. 483, was a different case and does not apply here. See 111 N. E. 37, a case similar to this. 87 Ark. 506 is in point and is decisive of this.

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Appeal from Arkansas Circuit Court, Northern District; W. B. Sorrells, Judge; The court erred in directing a verdict for defendants. 78 N. E. 106, 191 Mass. 483, was a different case and does not apply here. See 111 N. E. 37, a case similar to this. 87 Ark. 506 is in point and is decisive of this. Where a real estate broker contracts to produce a purchaser who shall actually buy, he has performed his contract by producing one financially able to buy and pay and with whom the owner actually makes an enforci-ble contract, he is entitled to his commission. The failure to carry out the contract,…

1Opinion of the CourtHart, J.

T. L. Vaughan brought this suit against Odell & Kleiner in the circuit court to recover a broker’s commission for effecting a sale of certain timber belonging to the defendants.

In the circuit court a verdict was directed for the defendants, and from the judgment rendered upon the verdict the plaintiff has duly prosecuted an appeal to this court.

T. L. Vaughan was a witness for himself. According to his testimony, he made a contract for Odell & Kleiner to sell the timber on a thousand acres of land which they owned in Arkansas County, Ark. They gave him a price of $6 per acre for the timber,…

2Cases cited1 opinion

  1. Lewis v. BriggsSupreme Court of Arkansas · 1906

3Cited by3 opinions

  1. Chambers v. EstesSupreme Court of Arkansas · 1923
  2. Busey v. FelsenthalSupreme Court of Arkansas · 1928
  3. Davis v. Hampton Stave Co.Supreme Court of Arkansas · 1927

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