Hornbeck v. Gilmer

Citations

• 110 La. 500
• 34 So. 651
• 1903 La. LEXIS 661

Syllabus

<p>REAL ESTATE BROKERS — RIGHT TO COMMISSIONS — ATTACHMENT—AGENCY.</p> <p>Syllabus of the Facts.</p> <p>1. Plaintiff sought to sell his land through the agency of a broker, through whom another agent was called in to assist in effecting the sale.</p> <p>Plaintiff had been informed of this, and did not disapprove of the action of his broker in employing some one to assist in effecting the sale. On the contrary, he accepted the services of both.</p> <p>The buyer was sent to the seller by these agents.</p> <p>On the Law.</p> <p>2. Plaintiff proceeded by attachment.</p> <p>Attachment laws are not repealed. They are only modified by Act 23 of 1900.</p> <p>3. A special agent who employs another to assist in effecting a sale to the knowledge and with the approval of his principal, binds the principal to pay the fee (of which the seller had knowledge) promised to the one thus employed for the principal.</p> <p>4. The owner had been informed of the amount to which the special employé or agent would be entitled. He is bound therefor by accepting the result of the services of the special employé.</p> <p>5. Under the circumstances of this case, payment of the first special agent for his services was not payment to the second agent for his services in the matter.</p> <p>(Syllabus by the Court.)</p>