Alison v. Chapman

BEASLY, J., pro tem.

Plaintiff brought this action upon an assigned claim of one Irving against defendant for a commission in a real estate transaction.

There are two questions in the case, one perhaps vital, and the other certainly so. The first is whether Adolph Uhl, at the time of the transaction in question, was able to pay twenty-one thousand five hundred dollars for the property involved therein; and the other question is whether the words, “when the sale is consummated,” as used in the contract of sale, are to be construed as meaning when the deed was passed and the deal closed.

The…