Higgins v. Miller
Court of Appeals of Kentucky
Case 31 — Action to Recover Commission- for Seeling Real Estate. APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Plaintiffs and Defendant Appeals. 1 The appellees did not find Dunlap, the purchaser. Therefore unless they actually sold the property to him at some price named by appellant, or agreed upon, they were not entitled to the commissions.
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Case 31 — Action to Recover Commission- for Seeling Real Estate. APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Plaintiffs and Defendant Appeals. 1 The appellees did not find Dunlap, the purchaser. Therefore unless they actually sold the property to him at some price named by appellant, or agreed upon, they were not entitled to the commissions. An agent who first finds the purchaser and introduces the property to him stands on quite a different plane from one who merely renews or continues a trade or negotiations which another has begun. 2. Appellees abandoned the…
1Opinion of the Court
*211Opinion- op the court by
JUDGE PAYNTER
Reversing.
The appellant was the owner of a house and lot in the city of Louisville, and was desirous of selling it, hoping to realize $13,000 or more for it. The appellees, Miller & Bohannon, are real estate agents in the city of Louisville; so are John H. Brand and Eichard T. Nugent. She listed the property with the appellees and each of the other parties named for sale. This fact was known to the appellees. A sale was finally consummated to Joseph P. Dunlap through Nugent. The testimony tends to show that Dunlap’s attention was first called to the…
2Cases cited1 opinion
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
3Cited by17 opinions
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- Nation v. HarnessSupreme Court of Oklahoma · 1911
- Leadville Mining Co. v. HemphillArizona Supreme Court · 1915
- Thomas v. HennesIndiana Court of Appeals · 1922
- Frink v. GilbertWashington Supreme Court · 1909
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