Jones v. Parker

Appellant sued appellee for a broker’s commission for the sale of land. At the conclusion of the evidence, a verdict for appellee was instructed upon the following grounds:

1. That the purchaser procured by appellant was not ready, able, and willing to complete the sale upon the agreed terms.

2. That the contract procured was not capable of specific performance, but was a mere option to buy the land.

3. That, under his contract of employment, appellant was entitled to a commission only in the event the sale was fully consummated.

The instructed verdict cannot be sustained on the first ground,…