Jacobs v. Shenon

Citations

• 3 Idaho 274
• 29 P. 44
• 1892 Ida. LEXIS 9

Syllabus

<p>Brokers’ Commissions — Allegations of Complaint — Proof.—1. A broker claiming commissions upon an agreement which provides that the party of the first part offers to sell certain mining property at the price of $175,000, and to pay the parties of the second part $12,000 for services rendered in selling or placing said property, upon terms acceptable to the party of the first part, must allege in direct and positive terms that the party of the second part did render services which resulted in the sale thereof, or that he produced a party ready, willing and able to purchase said property upon the terms named, otherwise it is insufficient. The broker must follow such allegation with proof that such services were rendered by him, in order to recover.</p> <p>Written Contract Merges ail Prior Agreements Relating to the Matter. — 2. A contract having been reduced to writing and signed by the parties, concluded all the parties thereto at the date thereof, and any contracts made between the same parties prior to that relating to the same subject matter, and all conversations and agreements of whatever kind had between them prior to that date, are by law conclusively presumed to be merged in the final contract.</p> <p>Same — Agreements Prior to Written Contract not Proper Considerations for Jury. — 3. No conversations or agreements had or made prior to that time, tending to vary or dispute the provisions of the writing, are proper considerations for the jury, and could not be given in evidence.</p> <p>(Syllabus by the court.)'</p>