Jackson v. Brower

Citations

• 22 N.M. 615
• 167 P. 6

Syllabus

<p>SYLABUS BY THE COURT.</p> <p>1. A real estate agent is the procuring cause of a sale or trade of real estate placed in his hands for sale or trade, when the sale is traced to his introduction of the purchaser tol the owner or principal; and the same rule applies wher'e the agent introduces his principal to the agent of the owner of the real estate, with whom the trade is made, and through whose efforts it is consummated.</p> <p>P. 619</p> <p>2. Courts are not bound to give instructions which, even if correct, are merely cumulative, and' state in another form a proposition of law already given to the jury.</p> <p>P. 620</p> <p>3. In an action for broker’s commission, an alle'ged abandonment of the broker’s employment to sell is a matter of defense, which plaintiff is not bound to negative.</p> <p>P. 621</p> <p>4. Requested instructions are properly refused, where they ■are not warranted by the evidence.</p> <p>P. 622</p> <p>5. That the imincipal is ignorant of the efforts of his broker to procure a customer does not affect the broker’s right to a commission.</p> <p>P. 622</p> <p>6. 'The general rule is that an agent in whom is reposed trust and confidence, or who is required to exercise discretion or judgment, cannot intrust the performance of his duty to another. This general rule, however, does not prohibit a hr'oker from employing others to perform service involving no skill, discretion,, or exercise of judgment, a service peculiarly clerical or ministerial.</p> <p>P. 623</p> <p>7. In an action for a commission for effecting an exchange of lands, where the broker testified that he placed a letter in a stamped envelope, addressed to defendant at his home postoffice, and deposited it in the postoffice, a copy thereof was admissible.</p> <p>P. 620</p>