Henneberg v. Cook

Citations

• 103 Wash. 685

Syllabus

<p>Frauds, Statute oe— Broker’s Commissions — Contract to Pay eor Past Services. A written agreement that a certain sum was due for a broker’s commission in case of consummation of the, sale, entered into ten days after the sale, was, in effect, an agreement to pay for past services, and so is not within Rem. Code, § 5289, which requires a broker’s written contract for commissions to contain a description of the property to be sold.</p> <p>Pleading. A defense upon which the defendant refused to introduce any evidence must be considered as abandoned.</p> <p>Brokers — Contract—Construction—Time eor Payment. A contract for a broker’s commissions payable on or before a certain date, as follows: “one-half when a certain mortgage was sold,” which sale was within the control of the owner, requires payment by such date.</p>