Forland v. Boyum

Citations

• 53 Wash. 421
• 102 P. 34
• 1909 Wash. LEXIS 1337

Syllabus

<p>Frauds —■ Statute of — Brokers — Contracts for Commissions. Where a written contract for a broker’s commissions on a percentage basis was abrogated on negotiating a sale, and a flat commission of $500 orally agreed upon, and the contract of sale made no reference to commissions except to provide that purchase money paid should, in case of default, be forfeited to the agents “to the extent of their agreed upon commissions,” the second contract is not a mere modification of the first; and the contract of sale is insufficient as a memorandum of the agreement for commissions to entitle the broker to recover commissions under the statute of frauds requiring any agreement authorizing a broker to sell real estate for a commission to be in writing.</p>