Denis, Danziger & Tessier v. Tilton

Citations

• 120 La. 226
• 45 So. 112
• 1907 La. LEXIS 636

Syllabus

<p>1. Brokers — Contract — Construction — Commissions — Action .</p> <p>One of the members of the plaintiff firm of real estate brokers wrote for defendant to sign, and defendant on the 11th of April, 1905, signed the following instrument:</p> <p>“I hereby authorize you to sell my property, Canal and University Place, for one hundred and twenty-six thousand dollars on terms of $26,000 or more cash, balance on first mortgage notes, and purchaser pays 1905 taxes. I to pay you $2,000 commission, and purchaser to agree to erect a hotel or apartment house. 'Possession October 1, 1905.”</p> <p>Across the face of the instrument are written the words: “Accepted S. V. Eornaris,” and on the back thereof the words: “April 13, 1905. Sold to S. V. Eornaris as per written authority.” Just below is written “Registered in Conveyance Office Book, Folio 436. New Orleans, April, 1905.”</p> <p>On being informed by plaintiff of what had been done, defendant expressed her dissatisfaction, stating that it was not her intention that he should make a sale, but submit the matter to her when he secured a purchaser. No sale was expected to be made of the property under the action by the plaintiff. Defendant insisted that before any sale should take place Fornaris and herself should come to an express specific agreement as to what kind of a hotel he would erect on the property, or when he should erect one, and that the terms of that agreement should be inserted in the act of sale. Fornaris declined to enter into any agreement on those subjects. Failing to agree, the sale fell through. Under a statement by him to the register of conveyance to that effect, and at his instance, the inscriptive record of the proposed sale to Fornaris was canceled. Plaintiffs under this condition of things sued defendant for a commission as brokers. The Court of Appeal rendered judgment in favor of the plaintiffs as prayed for. That judgment, for reasons assigned, is reversed.</p> <p>[Ed. Note. — For cases in point,