Knotts v. Midkiff

Citations

• 114 La. 234
• 38 So. 153
• 1905 La. LEXIS 447

Syllabus

<p>BEAL ESTATE — BEOKEBS—COMMISSIONS—EVI-DENCE.</p> <p>1. A mandate or procuration to sell land is gratuitous unless there has been a contrary agreement. Oiv. Code, art. 2991. Where real estate was placed in the hands of regular brokers for sale on commission, and they purchased the property from an agent of the owner, with power of attorney to sell, such agent has no legal right to retain commissions out -of the price received by him, in the absence of a specific agreement to that effect.</p> <p>2. The burden of proof is on such an agent to show that he had the legal right to retain his principal’s money as commissions, and, where the testimony is conflicting, the judgment appealed from, not clearly or manifestly erroneous, will not be disturbed.</p> <p>(Syllabus by the Court.)</p>