Grant v. Ten Hope

Citations

• 117 Wash. 531
• 201 P. 750
• 1921 Wash. LEXIS 869

Syllabus

<p>Frauds, Statute of (20) — Broker’s Commissions — Contract to Pay for Past Services. A contract between parties to the exchange of properties in which it is agreed to pay a broker a commission for services in carrying out the transaction is one on its face for past services and does not necessitate the written contract between broker and principal required by Rem. Code, § 5289, in case of an agreement for the employment of a real estate broker.</p> <p>Brokers (13) — Compensation—Performance of Contract of Employment. Where, in a contract for the exchange of properties, time is not the essence of a provision allowing either party thirty days to make good any defect in his title, a tender of a good title on the thirty-first day is sufficient, and a wrongful rejection of such tender would not defeat the broker’s right to compensation promised him by the party who refused to perform the contract.</p> <p>Judgment (212) —Conclusiveness—Persons Not Parties. A decree cancelling a contract for the exchange of properties, to which a broker who had rendered services in bringing about the exchange was not a party, would not bar the broker from enforcing any right to compensation earned.</p>