Moore v. Irwin
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, judge; statement by the court. Appellee and appellant entered into a contract whereby the latter, who was a real estate broker, should have the exclusive sale, for the former, of a -certain tract of land on certain terms.
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Appeal from Howard Circuit Court; James S. Steel, judge; statement by the court. Appellee and appellant entered into a contract whereby the latter, who was a real estate broker, should have the exclusive sale, for the former, of a -certain tract of land on certain terms. Appellee was to give appellant “in consideration of -his services in making a sale -or transfer,” sending appellee “a buyer, or being instrumental in any manner whatever in selling or transferring the property,” a certain per cent, commission to be paid “out of the first money collected.” No change in the price or terms of…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The parties, as .indicated by the requests for instructions, treated appellant as the procuring cause of the contract betwen appellee and Humphries as to the sale of the land. But appellee contends that appellant was not entitled to his commission under the contract with appellee until the executory contract of sale and purchase had been completed by the payment of the purchase money and the transfer of the title. He also contends that he paid the commission to appellant, relying upon certain representations made by him, which were not'true, and were not…
2Cases cited6 opinions
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Glentworth v. LutherNew York Supreme Court · 1855
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Pinkerton v. HudsonSupreme Court of Arkansas · 1908
- Boysen v. FrinkSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
- Payne v. PonderSupreme Court of Georgia · 1913
- Casey v. Hart Wallace & Co.Court of Appeals of Kentucky · 1920
- Meyer v. Keating Land & Mortgage Co.Supreme Court of Minnesota · 1914
- Lombard v. SillsMissouri Court of Appeals · 1913
21 more not listed; retrieve them via the Exa API.