Kostmayer v. Landry

Citations

• 12 Teiss. 385
• 1915 La. App. LEXIS 78

Syllabus

<p>Syllabus.</p> <p>1. Where the contract of a real estate broker confers upon, him the exclusive right to sell the property, and negatives the right of the owner to sell or negotiate for its sale, the broker is entitled to his commission if, during the term of the contract, a sale is affected by the owner or by another broker in the latter’s behalf.</p> <p>2. According to the great weight of authority if a special agreement has been performed in part by the plaintiff and its further performance has been prevented by the act of'the defendant the plaintiff may at his option either sue for the breach and recover damages or abandon the contract altogether and recover upon a general iwdebtitatus assumpsit.</p>