Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 179 baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1914 Excerpt: ... BROKERS--1. Action for Commission.--Performance of Contract.--EfUeMt' It was not erroneous, in an action for a broker's commission, to refuse to permit a witness to testify as to the reason why a sale was not consummated by the broker within the prescribed time, BROKERS--Continued. since plaintiff, in accepting the option to sell, assumed the un-controlled risk that might arise to prevent a sale, and the wit-ness was not the purchaser and had no authority to bind it Barney v. Yazoo, etc., Land Co., 337,34!) (8). 2. Contract of Employment.--Performance.---Sale of Real Estate.--The right to a brokerage commission for the sale of real estate is dependent upon success in procuring a purchaser, and the broker is not entitled to a commission, regardless of the time and services devoted to procuring a customer, unless he finds one who is ready and willing to complete the purchase on the terms agreed upon. Barney v. Yazoo, etc., Land Co., 337, 343 ( 3). 3. Contract of Employment.--Performance.--Time.--Where a broker is employed to find a purchaser at a stated price and upon given terms, and has expended his time and performed labor in getting the parties interested, he will be allowed a reasonable length of time in which to complete his labors, unless a definite time has been agreed on within which he is to produce a pur-chaser, in which event the time stipulated is of the essence of the contract and the broker must perform before the expiration of the time in order to entitle him to the commission. Barney v. Yazoo, etc.. Land Co., 337, 345 (5). 4. Contract of Employment.--Sale of Real Estate.--Termination of Authority.--Rights of Parties.--Where plaintiffs, who had an op-tion to sell defendant's land, wrote defendant that they knew of no one whom they could intere...