Calvin Philips & Co. v. Newoc Co.

Citations

• 101 Wash. 234
• 172 P. 355
• 1918 Wash. LEXIS 842

Syllabus

<p>Brokers — Contracts — Commissions — Release—Estoppel—Initial Mistake. Plaintiff, a broker, is not estopped to deny a release from defendant’s application for a loan and agreement to pay commissions, where the release was given by a clerk to another broker through a mutual mistake, and defendant’s application to such other broker was made on such mutual mistake and therefore not binding on.defendant; since the essential elements of an estoppel in pais—a benefit on the one side or injury or the other—are wanting.</p> <p>Same — Contracts — Construction — Performance—Reasonable Time. An agreement to pay a commission for a loan to be made “to or through” a broker, may be repudiated where the broker’s sole claim of performance was through a certain principal who unreasonably delayed in furnishing the loan, and there was no allegation or proof that the broker might have furnished the loan itself or through some other principal.</p> <p>Same — Contracts — Performance — Acceptance. To recover a broker’s commission for furnishing a loan, the broker must show an unqualified acceptance by its principal, and an acceptance subject to inspection is not sufficient.</p> <p>Same—Contracts—Performance—Reasonable Time—Evidence— Sufficiency. In an action to recover a broker’s commission for negotiating a loan to the defendant, required by September 1st, the evidence fails to show that plaintiff performed its contract within a reasonable time, whdre it appears that only a conditional acceptance of the loan had been made by plaintiff’s principal, until August 29th, when notice was mailed in the east, and it is immaterial that plaintiff, on August 14th, gave defendant a self-serving statement that the loan had been accepted contrary to the fact that the acceptance was a conditional one and not binding on the principal who was to make the loan.</p> <p>Evidence — Parol Evidence to Vary Writing—-Admissibility. Parol evidence is admissible upon an issue as to the reasonable time for the perf