Fiske v. Soule

Citations

• 87 Cal. 313
• 25 P. 430
• 1890 Cal. LEXIS 1138

Syllabus

<p>Commissions of Real Estate Agents — Repudiation of Contract by Vendor..— Real estate agents may recover from their principal the commissions agreed upon for a sale secured by them, if the proposed contract of sale was not beyond their authority, though the vendor refuses absolutely to consummate the purchase or to negotiate with reference to it.</p> <p>Id. — Sale within Authority — Alternative Contract — Crops. — Where the contract by the proposed vendor with the real estate agents authorizes them to sell at a certain price per acre without crops, or at a certain larger price per acre with crops, a contract of sale for a gross sum which yields per acre more than the highest amount required is not beyond the authority conferred, though it does not specify whether the sale is with or without crops.</p> <p>Id. — Construction of Contract — Oral Agreement — Mistake. — A written contract for the sale of land for a gross sum, which does not except the growing crops, hinds the vendor to convey the land with the crops.</p> <p>Id.—Tender — Demand of Deed—Waiver of Objection.—The fact that an ordinary grant deed without reservation of the crops was presented by the purchaser r ’'edition by the vendor when the purchase-money was tendered, and both contract and deed were not in proper form to express the real agreement understood between all the parties, to the effect that the sale was not to include the crops, cannot he offered by the vendor as an excuse for totally repudiating the contract, or by way of defense to an action by the real estate agents to recover the amount of commissions agreed upon in case of a sale withont crops, it appearing that the contract and deed were not objected to on that ground, or considered as including the crops.</p> <p>Id.—Broker’s Commission — Procuring Purchaser.—It is immaterial whether the power conferred upon real estate agents is to sell or merely to secure a purchaser, so far as their right to recover the agreed commission is concerned,