Durrell v. Reynolds

Citations

• 16 Ohio N.P. (n.s.) 486
• 1914 Ohio Misc. LEXIS 128

Syllabus

<p>Contracts — Real Estate Agent Rot Entitled to a Commission for Procuring a Purchaser for Property Unless Re Procures an Enforcible Contract — Test as to Whether a Contract is Enforcible.</p> <p>1. A real estate agent employed to procure a purchaser for property is entitled to compensation only in the event a sale is effected, or on default of the seller to deed the property if the agent has secured a valid and enforcible contract of sale. Pfanz v. Rumburg, 82 Ohio St., 1.</p> <p>2. A real estate agent who procured a contract of sale signed “Estate of D. B. H., C. L. H. et al, trustees,” there being three trustees, is not entitled to his commissions in the absence of evidence showing C. L. H’s authority to sign the contract on behalf of his co-trustees. 3. Such a contract is unenforcible against the estate and against C. L. H. individually.</p> <p>4. The test of an enforcible contract is whether a court of equity would decree specific performance.</p>