Moore v. Holman Real Estate Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. In 2 Ark. 363, it is said: £ £ The higher grade * * * of instruments completely supersedes and destroys a less or subordinate one. ’ ’ Appellant contracted with appellee to sell his home within a fixed time and for a certain price, and the evidence shows that appellee failed to find, procure or produce any purchaser, “able, ready and willing to buy, ’ ’ within or after the life of the contract.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. In 2 Ark. 363, it is said: £ £ The higher grade * * * of instruments completely supersedes and destroys a less or subordinate one. ’ ’ Appellant contracted with appellee to sell his home within a fixed time and for a certain price, and the evidence shows that appellee failed to find, procure or produce any purchaser, “able, ready and willing to buy, ’ ’ within or after the life of the contract. On the contrary, it is shown positively that it was unable to sell, or even find a purchaser within the time, or afterward.…
1Opinion of the CourtSmith, J.
Appellee is a corporation engaged in the real estate business in the city of Little Rock, and entered into a contract with appellant, whereby it undertook to sell for him a house and lot for a commission of 5 per cent. The contract was dated August 7, 1915, and gave appellee an exclusive agency for a period of three months, and contained the following provision:
“And if the said property be sold or otherwise disposed of during the above period, no matter by whom, or after above period, on information secured through this agency, I agree to pay to said Holman Real Estate Company a commission of…
2Cases cited1 opinion
- Bodine v. Penn Lumber Co.Supreme Court of Arkansas · 1917
3Cited by12 opinions
- Julius Tofias & Co. v. John B. Stetson Co.Massachusetts Appeals Court · 1985
- Mellos v. SilvermanSupreme Court of Alabama · 1979
- Dodson Creek, Inc. v. Fred Walton Realty Co.Court of Appeals of Arkansas · 1981
- Messick v. PowellCourt of Appeals of Kentucky · 1951
- Wright & Kimbrough v. DeweesCalifornia Court of Appeal · 1921
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