Simms v. Booth
District of Columbia Court of Appeals
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, in an action for tbe recovery of a broker’s commission.
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, in an action for tbe recovery of a broker’s commission. Tbe Court in tbe opinion stated tbe facts as follows: This is an appeal from a judgment for Roland C. Booth, the plaintiff, a real estate agent, appellee here, in tbe supreme court of tbe District in an action for tbe recovery of a commission “from Andrew J. Simms, tbe defendant, appellant here, for services alleged to have been rendered in tbe sale of defendant’s coal yard. Tbe defendant moved for an instructive verdict,…
1Opinion of the CourtJustice Eobb
In Bryan v. Abert, 3 App. D. C. 180, which was decided twenty years ago, and hence has been the law of this jurisdiction for that length of time, it was ruled that when a broker authorized to make a sale is the procuring cause of the sale made by the owner, he is entitled to his commission, even though the owner is ignorant of it at the time, and, under the facts there disclosed, notwithstanding that he sells at a price and upon different terms from those mentioned to the broker. The facts there and here do not differ materially, and the rule there an*268nounced is quite generally accepted. Lloyd…
2Cases cited10 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Handley v. ShafferSupreme Court of Alabama · 1912
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Graves v. Bains & WoodwardTexas Supreme Court · 1890
- Lincoln v. McClatchieSupreme Court of Connecticut · 1869
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3Cited by4 opinions
- Lady v. Realty Associates, Inc.District of Columbia Court of Appeals · 1943
- Dawson v. NorrisDistrict of Columbia Court of Appeals · 1954
- Barkley Bros. v. ShockeyDistrict of Columbia Court of Appeals · 1955
- Hecht Co. v. WhitefordCourt of Appeals for the D.C. Circuit · 1943