Kane v. Dawson

Citations

• 52 Wash. 411
• 100 P. 837
• 1909 Wash. LEXIS 1130

Syllabus

<p>Appeal — Review—Nonsuit—Correct Decision Based on Wrong Ground. Upon appeal from a judgment of nonsuit, where the evidence is before the supreme court, the judgment will he affirmed if correct, considering all the evidence, although the trial judge based his ruling on an incorrect view of the law.</p> <p>Brokers — Action foe Commission — Authority. Where a broker was authorized to procure a purchaser who would assume assessments levied on the property he is entitled to commissions upon making a sale by the terms of which the purchaser was to deduct the assessment from the purchase price, which was not satisfactory to the owner.</p> <p>Same — Time for Contract. An action for a broker’s commission is properly nonsuited where it appears from the date of checks given as earnest money that the sale was not made within the life of the broker’s authority.</p>