Malloy v. Interstate Irrigation Co.

Citations

• 62 Wash. 487
• 114 P. 167
• 1911 Wash. LEXIS 730

Syllabus

<p>Brokers — Commissions—Contracts—Construction. • A broker’s commissions are payable out of the proceeds of the sale, and not unconditionally at the time deferred payments of the purchase price are made, where the contract provided that one-half of the total commissions shall • be deducted from the first payment, the balance to run according to the terms of the sale contracts, that is, divided into as many payments as the contracts call for; especially where the parties at first so construed it and acted accordingly for some time.</p> <p>Same. In such a case, proportionate commissions are properly allowed upon partial payments received in compromise of cancelled contracts.</p>