Fosbroke v. National Exchange Bank

Defendant appealed from an order denying its alternative motion for judgment non obstante or a new trial.

Defendant, through one Joseph J. Hennen, listed a farm for sale with several agents, including plaintiff who submitted an offer of $19,000 cash from one Holcomb. On February 14, 1927, Hennen, acting for defendant, unqualifiedly accepted the offer. Plaintiff seeks to collect a commission.

In an action of this character such an offer and acceptance does not in law contemplate a written contract. It created the duty of the agent to present his purchaser with the money. He did not earn his…