Bushnell v. Coggshall

Citations

• 10 N.M. 601
• 10 Gild. 601

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Real Estate Brokers — Commissions—Form op Action For. — A person who claims to have an exclusive agency for the sale of real estate, cannot recover a commission in indebitatus as-sumpsit on the common count, “for goods, wares and merchandise and services sold and delivered” on a sale made by another party, but must sue on the special contract.</p> <p>2. Id. — While a special contract remains executory, the plaintiff must sue upon it.</p>