Bunton v. Campredon

Citations

• 24 N.M. 314
• 171 P. 142

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Findings of fact by the court, sitting as a jury, wiil not be disturbed, if supported by substantial evidence.</p> <p>P. 320</p> <p>2. A promise to pay for services rendered to a third person at the promisor’s request is an original undertaking, not within the statute of frauds. P. 321</p> <p>•3. It is not the broker who first speaks of property, but the broker who is the procuring cause of the sale, be he the first or the second who engaged the attention of the purchaser, who is entitled to the commission. P. 321</p> <p>4. Whether a promise is a direct or collateral undertaking does not depend solely upon the words used in making the promise or upon the form of expression, but upon the words, the situation of the parties, and the circumstances of the transaction, the question being- whether the parties understood the language as being a collateral or a direct promise. P. 322</p>