Ball v. Dolan

Citations

• 18 S.D. 558
• 101 N.W. 719
• 1904 S.D. LEXIS 96

Syllabus

<p>1. Where a broker’s contract of employment provides for the payment of a fixed compensation for procuring a purchaser of real estate at a fixed price and upon terms prescribed by the owner, the broker is entitled to compensation on his contract only when he has procured 'a purchaser , who is ready, willing, and able to purchase the property at the price and on the terms specified.</p> <p>2. Where a broker’s contract for services required a sale of 19 quarter sections of land within 80 days at $9 per acre, the broker to receive $1 per acre commissions, an instruction, in an action for commissions on the contract, that if the jury found that plaintiff procured a purchaser for all the land within the time, who was able, ready and willing to purchase, then plaintiff was entitled to recover the amount claimed, -though only 16 quarter sections were sold to the procured purchaser, and by the owner himself, for a less sum than the price fixed in the contract — was not cured by a proviso requiring the jury to find that at the time the sale was finally consummated there still existed a contract between plaintiff and defendant to pay $1 per acre commissions.</p>