Lawler v. Armstrong

Citations

• 53 Wash. 664
• 102 P. 775
• 1909 Wash. LEXIS 1389

Syllabus

<p>Bbokers — Authority—Ratification. A broker is the agent of the vendors where it appears that he approached them advising that he had a prospective purchaser, that they agreed to pay a commission in case of a sale, and that the broker signed a contract as “agent for the owner,” which was approved in writing by the owners, thereby ratifying the agency.</p> <p>Bbokers — Right to Commissions — Consummation of Sale. Under an agreement to pay a broker commissions on a cash sale, “in case sale is consummated, or. one-third of earnest money in case same is forfeited,” the broker is entitled to recover commissions, where, after a sale to a responsible party, who refused to consummate it, the vendors elected to sue for specific performance, recovered a collectible judgment for the price, and compromised the same on a slight reduction, without the consent of the broker; as the sale was thereby consummated.</p> <p>Same — Duty of Broker — Failure to Disclose. Failure of a broker to disclose that the purchaser was acting as agent for an undisclosed principal is not a defense to an action for commissions, where the ostensible purchaser was responsible and the vendors were not injured.</p> <p>Same — Contract to Divide. An undisclosed agreement by a broker to divide his commissions with the purchaser is no defense to an action against the vendors for the commissions, where they were not injured thereby.</p>