Harrell v. Zimpleman

Citations

• 66 Tex. 292
• 17 S.W. 478
• 1886 Tex. LEXIS 506

Syllabus

<p>1. Real estate agents—Commission—Custom—A firm of real estate agents brought suit against defendant, claiming $500 commission fees due them as agents of defendant in the sale of certain property, which defendant sold while it was in the hands of the agents. They averred that a universal custom entitled them to' receive the commission, and that the custom was well known by defendant and consented to by him. Held:</p> <p>(1) In the absence of a contract, making their right to compensation dependent on the sale of the property by them, plaintiffs were entitled to reasonable compensation for their services, regardless of custom.</p> <p>(2) A custom known and consented to by defendant amounted to a contract so to be bound.</p> <p>(3) The chief office of custom is to illustrate the intention of contracting parties in reference to matters on which the contract is not explicit, and, thereby, terms not inconsistent with a contract may be held to be part of it; but when the contract is clear and explicit, custom cannot change it.</p>