Jordy v. Salmen Brick & Lumber Co.

Citations

• 121 La. 457
• 46 So. 572
• 1908 La. LEXIS 692

Syllabus

<p>Brokers — Commissions—Sale oe Realty.</p> <p>A contract between an owner of real estate and a broker, which provides that, in the event of the sale of the property under a certain option which has been given, a commission shall be paid to the broker, of which one-third shall be taken from the cash portion of the price, contemplates an actual sale, and a petition claiming the commission, which shows an agreement to buy and sell, subject to a deposit of “earnest” bj' the proposed buyer, but which fails to allege either that a sale has been made or that the customer is willing to comply with his agreement to buy, discloses no cause of action.</p> <p>[Ed. Note. — Kor eases in point, see Cent. Dig. vol. 8, Brokers, §§ 70-72.]</p> <p>(Syllabus by the Court.)</p>