Griffiths v. Von Herberg

Citations

• 99 Wash. 235
• 169 P. 587
• 1917 Wash. LEXIS 1043

Syllabus

<p>Brokers—Contract foe Services—Construction. An agreement whereby plaintiff was employed to obtain a suitable building and a ten-year lease, for a moving picture business, and was to receive as compensation for his services ten per cent of the profits of the business, does not constitute a partnership nor a joint adventure, but is no more than a specific employment with compensation fixed by a percentage of the profits, subject to the rules applicable to agency in brokerage contracts.</p> <p>Same—Actions for Commissions—Complaint—Sufficiency. In such a case the broker, while entitled to maintain an action for an accounting for the profits, need not do so where an accounting is not necessary because of the fact that it is admitted by a demurrer that the profits amounted to a stated sum; and his complaint as for money due upon an express contract is sufficient, there being no complication of the accounts, nor any fiduciary relation existing between the parties, nor any other state of facts calling for equitable cognizance.</p>