Pecos Valley Immigration Co. v. Cecil

Citations

• 15 N.M. 45
• 99 P. 695

Syllabus

<p>SYLLABUS.</p> <p>1. Where there is- substantial evidence to support tfliem, findings of fact by the trial court will not be disturbed om appeal.</p> <p>2. In action for commissions by real estate broker, evidence held that “the listing of defendant’s property with, plaintiff expired” before time of sale and that plaintiff did. not have defendant’s property for sale at the time of its sale.</p> <p>3. The facts of the case do not bring it within the decisions which hold that a sale by a party direct leaves the factor’s right to the commission intact, where the latter has furnished the custodier and has thus been the producing cause of the sale. Such oases presuppose and assume relationship of principal and agent which the court in this case finds did not exist.”</p>