Merritt v. American Catering Co.

Citations

• 71 Wash. 425
• 128 P. 1074
• 1912 Wash. LEXIS 767

Syllabus

<p>Frauds, Statute of — Employment of Broker — Sale of Personalty — Trade for Land. A contract to pay a commission on tbe sale of a cafe, being for the sale of personal property, is not within the statute of frauds (Rem. & Bal. Code, § 5289), requiring an agreement employing an agent to sell or purchase real estate to be in writing, notwithstanding that the owner agreed to take part or all of his price in land, and the agent effected a trade of the cafe for land, which was consummated.</p> <p>Brokers — Contract for Commissions — Performance. Brokers who procured a purchaser to whom a sale was made through continuous negotiations covering 12 days, cannot be deprived of their commissions by an attempted discharge because of their inability to secure a loan by which the deal was to be consummated, where the owner himself procured the loan and consummated the deal, on terms somewhat different from those originally contemplated.</p>