Callaway v. Overholt

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that parties “may contract, for example, that the broker’s legal right to a broker’s commission shall be contingent upon an actual ‘sale’ of the property in the sense of conveyance of legal title in exchange for payment of the purchase price.”
• “Unless the parties expressly contract otherwise, the broker is entitled to a commission at the time he procures a buyer ready, willing, and able to make an enforceable contract to purchase the seller’s property on terms acceptable to him.”
• rule of construction in cases involving seller’s agents only applies “in the case of implied contracts or in an express contract where there is no special agreement to the contrary regarding whether and when the broker’s commission shall be legally due and pay able.”

Source: CourtListener parenthetical corpus (CC0).