George C. Lemcke Co. v. Nordby

Citations

• 117 Wash. 221
• 200 P. 1103
• 1921 Wash. LEXIS 1028

Syllabus

<p>Brokers (3, 28) — Contract for Commissions — Termination of Employment — Cancellation of Earnest Money Contract. An agreement to pay a broker’s commission on a sale of real estate if completed under the terms and conditions of an earnest money contract, would not be defeated by the cancellation of the latter contract, where its terms are made part of the commission contract by reference and the canceled contract is still in existence and in evidence.</p> <p>Frauds, Statute of (20) — Sale of Real Property — Contract for Broker’s Commissions. Where a purchaser was put in possession of property with an understanding that he was to complete the contract, which was canceled by the death of a party, as soon as title could be perfected through the courts, the completion of an oral agreement in substantial compliance with the canceled written contract was sufficient under the statute of frauds.</p> <p>Husband and Wife (12) — Disabilities of Coverture — Contracts of Wife. Where a wife makes a contract to pay a broker’s commission on the sale of community property, she is liable therefor, in view of Rem. Code, §§ 5926, 5927, abolishing the civil disabilities of the wife.</p> <p>Brokers (13) — Compensation—Performance of Contract of Employment. A broker’s commission on the sale of real property cannot be defeated on the ground of nonperformance of the contract exactly as made, where the change consisted in the purchaser paying a larger proportion of cash than originally agreed and making a corresponding diminution in the amount of security given for the balance of the purchase price.</p>