Peters v. Anderson

Citations

• 88 Va. 1051
• 14 S.E. 974
• 1892 Va. LEXIS 72

Syllabus

<p>1. Agents — Commissions—Case at bar. — Receiver of insolvent bank employed agent to sell real estate upon commissions of ten per cent. It was not agreed whether commissions should be paid out of cash payment or out of entire price when paid. Agent sold for S85,000, whereof §10,000 was paid and default made as to residue;</p> <p>Held :</p> <p>Agent was entitled to ten per cent, only on such sum as had been or should be paid.</p> <p>2. Idem — Decree of court — Estoppel.—Receiver reported sale to court stating agreement, as to commissions, and procured a decree for payment thereof, “ whenever whole price should be fully paid.” Agent, who was no party to the suit, drew an order on receiver for a sum out of any funds payable to him as commissions under the court’s decree;</p> <p>Held :</p> <p>The order did not estop agent from denying correctness of the decree.</p>