Helmke v. Prasifka

On Appellee’s Motion for Rehearing.

Helmke listed his land with Prasifka, for sale upon certain terms, including a down payment of $10,000 in cash. Prasifka’ procured a purchaser willing to pay Helmke’s price, but could pay only $4,000 cash, instead of $10,000. Helmke negotiated directly with the prospect, and agreed to make the sale upon the $4,000 down payment, the balance of the $10,000 cash payment ($6,-000), to be evidenced by a note due November 1, thereafter. The sale was made on these terms.

There was no controversy about Prasifka’s commission, nor the amount of it. He had procured the…