Elmendorf v. Golden

Citations

• 37 Wash. 664
• 80 P. 264
• 1905 Wash. LEXIS 788

Syllabus

<p>Brokers — Action for Commissions — Procuring Cause — Evidence — Sufficiency—Employment of Two Brokers. A broker is entitled to his commission's, as being the efficient procuring cause of the sale, where the property was listed with him for sale, advertised by him, and shown to a 'customer who received her first knowledge thereof through him, and where he at once advised the owner of the facts, although the customer afterwards inspected the property with another broker to whom the owner sold the property, and who at once conveyed to the plaintiff’s customer for a nominal consideration; and there is in such case no employment of two brokers calling for a division of the commissions.</p> <p>Trial — Nonsuit—Error Cured by Introduction of Evidence-Broker’s Commissions. In an action by a broker for commissions, in which a motion for a nonsuit did not particularly point out that the plaintiff had failed to prove the allegation that defendant had agreed to pay the usual commission of five per cent, error in overruling tlie nonsuit is cured by the defendant’s proceeding with the case and introducing evidence that the usual commission was five per cent.</p>