Kimberly v. Henderson
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This action was instituted in the court below by the appellees to recover commissions for services rendered by them as real estate brokers, in the sale of certain property of the appellant in Baltimore City.
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Appeal from the Court of Common Pleas. This action was instituted in the court below by the appellees to recover commissions for services rendered by them as real estate brokers, in the sale of certain property of the appellant in Baltimore City. On the 17th of May, 1867, T. F. Henderson, one of the appellees, having heard through E. F. Lupton, his co-appellee, that the appellant desired to sell certain property in Baltimore City, and knowing of a purchaser to whom he could effect the sale, went with his co-appellee to the office of the appellant and told him that in case they succeeded in…
1Opinion of the CourtAlvey, J.
From the character of the contract, and the other unquestionable evidence set out in the record, it is manifest that the sale was not so far effected as to entitle the appellees to their commissions as brokers. To be entitled, they should have completed the sale — that is, they should have found a purchaser in a situation, and ready and willing to complete the purchase according to the terms agreed on. The undertaking to procure a purchaser requires, of the party so undertaking, not simply to name, or introduce a person who may be willing to make any sort of contract in reference to the…
2Cases cited2 opinions
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Keener v. HarrodCourt of Appeals of Maryland · 1852
3Cited by40 opinions
- Carozza v. Federal Finance & Credit Co.Court of Appeals of Maryland · 1925
- Francis v. BakerSupreme Court of Minnesota · 1890
- Love v. MillerIndiana Supreme Court · 1876
- Blodgett v. Sioux City & St. Paul R'y Co.Supreme Court of Iowa · 1884
- Lawrence v. PedersonWashington Supreme Court · 1904
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