Ingalls v. Smith

The opinion of the court was delivered by

Burch, J.:

The action was one by a real-estate agent to recover a commission. The plaintiff prevailed, and the defendant appeals. ' The principal error assigned is that the court gave the jury the following instruction:

“Under the law of this state a real estate broker has earned his commission when he has produced a customer with whom his principal enters into an enforceable agreement for the sale of the land, although the title does not actually pass, and where such contract_is enforceable the question of whether it was abandoned either by the default…