Kirkland & Son v. Berry

[1] The appellee agreed to pay appellants, who were real estate agents, $250 as commission to sell 334 acres of land at $42.50 per acre. On April 30, 1909, appellants procured W. F. Legear as a purchaser to enter into a written contract with appel-lee to purchase the land, and upon the terms stipulated by the appellee. In the contract of purchase there .was a provision that, if Legear should fail to receive the money with which to pay the agreed cash payment from the sale of certain land in Deaf Smith county, he would not be held to the contract of purchase. Legear shortly received the money…