Newcomer v. Brooks

RITCHIE, J.—

When a real estate broker who is authorized to sell at a specified price sells for a larger sum, the excess over the price specified belongs to the owner of the property sold.

A usage among real estate brokers to the effect that such excess belongs to the broker is void.

A real estate broker employed to sell has no implied authority to receive payment of any part of the purchase money, or to stipulate in the contract of sale that any part of it shall be paid to himself.

The bill in this case asks for a decree requiring of the defendant the specific performance of a contract executed…