Pfanz v. Humburg

Citations

• 82 Ohio St. (N.S.) 1

Syllabus

<p>Real estate agent — Entitled to his commission when property actually sold — Not an agreement of parties to buy, when — Binding conditions of contract between vendor and agent.</p> <p>P., a real estate agent, accepted the following written proposition:</p> <p>“Cincinnati, Ohio, May 2, 1905. “John Pfanz, Agent: I hereby authorize you to sell for me the following described real estate, located at 2241 Flora Place, for the sum of three thousand five hundred ($3,500.00) dollars on the following terms: title to be perfect, free and unincumbered, payments to be cash, and I agr.ee to give you sole authority to sell the same for the period of ten days, and agree to pay you for services when the property is sold. “Magdalena Humburg, “William Humburg.’’'</p> <p>P. procured one who said he was willing to take the property at said price, and he paid the agent $9.75, for which the agent gave a receipt, and turned the payment over to the vendors; but no written contract of purchase was entered into, nor was possession taken by the alleged purchaser, who afterwards refused to 'take the premises or complete the purchase by entering into an enforceable contract.</p> <p>Held: That the condition in -said contract of employment, “to pay for services when the property is sold,” has not been complied with by the agent and he is not entitled to recover commission.</p>