McCleary v. Willis

Citations

• 35 Wash. 676
• 77 P. 1073
• 1904 Wash. LEXIS 497

Syllabus

<p>Brokers — Commissions—Action to Recover Share oe — Agreement to Divide in Consideration of Assistance in Making Sale —Finding Purchaser — Disclosing Name — Pleadings—Evidence —Sufficiency. In an action brought by one broker against another to recover one-half of the commission received by the defendant upon effecting a sale of real estate, agreed to be paid to the plaintiff if he would find a purchaser and assist in making the sale, a demurrer to the complaint and to the evidence for the reason that it was not alleged or proved that the plaintiff had introduced the purchaser or disclosed his name, is properly overruled, since that was not essential where it appears that the agreement was to divide commissions for “assisting” in making the sale, and plaintiff found the purchaser, showed the property to him, endeavored to make the sale, and was the procuring cause in effecting the sale afterwards made hy the defendant.</p> <p>Pleadings — Amendment. Where originally the complaint had alleged defendant’s agency in 1900, a trial amendment to state the same fact was proper, under Bal. Code, § 4953.</p> <p>Costs. Error will not he presumed in the allowance of costs for witness fees and copies of documents where the record fails to show that appellant suffered any prejudice.</p>