Roberts v. Prater & Forrester

1. The mere fact that in a contract between an owner and a broker, listing property for sale, use is made of the words “ to sell,” does not change the status of the agent thus employed from that of a broker to a sales agent, so as to render inoperative the provision of the Civil Code (1910), § 3587, that “the broker’s commissions are earned when, during the agency, he finds a purchaser ready, able, and willing to buy, and who actually offers to buy on the terms' stipulated by the owner.” It is furthermore true “ that where the purchaser presented by the broker is accepted by the vendor, and…