Gunning v. Muller

Citations

• 118 Wash. 685
• 204 P. 779
• 1922 Wash. LEXIS 714

Syllabus

<p>Brokers (18) — Compensation—Performance of Contract — Negotiations Through: Other Agents. Where property listed with a real estate broker for sale under an exclusive agency contract is sold by the owner through another agent while the contract is still in force, the broker is entitled to his commission.</p> <p>Same (3, 14) — Employment—Duration—Performance Within Time Specified — Construction of Contract. A broker’s contract fixing the price of property and providing for payment of “balance this fall” was not a limitation on the time of continuance of the contract, in view of an express provision therein that it was to run “for the period of sixty days from date hereof and hereafter until withdrawal by ten days’ written notice.”</p> <p>Same (3, 14). An exclusive brokerage contract granted “until withdrawal by ten days’ written notice” is not invalid as extending over an indefinite or unreasonable time, inasmuch as it is easily revocable by written notice under the terms of the contract.</p> <p>Same (9) — Employment of Broker — Contract—Consideration. A contract agreeing to pay a broker a commission in consideration of services to be performed in endeavoring to effect a sale of the owner’s property, cannot be said to be without consideration on the broker’s part where he did perform services by devoting considerable time and expense in trying to sell the property to a number of persons, including those who finally purchased it.</p>