Jones v. Kehoe

Citations

• 61 Wash. 422
• 112 P. 497
• 1911 Wash. LEXIS 1097

Syllabus

<p>Frauds, Statute of — Brokers—Commissions—Orad Contract. Rem. & Bal. Code, § 5289, providing that an agreement employing an agent or broker to sell real estate for compensation or commissions shall be void unless in writing, applies only to contracts between the owner of the land and the agent to sell, and an oral contract between brokers to divide commissions is valid.</p> <p>Appeal — Review—Findings. Findings upon absolutely conflicting evidence where the trial judge saw the witnesses will not be disturbed on appeal.</p> <p>Brokers — Contract fob Commissions. A contract between brokers to divide commissions on a certain sale means net commissions, after deducting necessary expenses.</p> <p>Estoppel — Admissions. A broker having stated his expense in connection with a sale to be $200, cannot claim $300 therefor.</p> <p>Cost — On Appeal — Modification of Judgment. A reduction of $100 from a $400 judgment is such a substantial reduction as to carry costs on appeal.</p>