Phillips v. Troutman

Citations

• 197 F. 325
• 1912 U.S. Dist. LEXIS 1423

Syllabus

<p>1. Brokers (§ 11*) — Action for Commission — Breach of Contract.</p> <p>Where plaintiff, a broker, contracted to develop, subdivide, and sell certain of defendant’s land either privately or at auction within one year’ for a cash commission of 15 per cent of the gross sales, plaintiff agreeing to pay all expenses of advertising, surveying, etc., defendant’s declination to “name the day” for a public sale did not constitute a breach of contract entitling plaintiff to recover damages.</p> <p>[Ed. Note. — For other cases, see Brokers, Cent. Dig. § 58; Dec. Dig. § 11.*]</p> <p>2. Courts (§ 328*) — Federal Courts- — Jurisdiction.</p> <p>Where a broker’s contract of employment to develop and sell certain land authorized the owner to “call off the sale” on paying the broker $350 liquidated damages, the owner was only liable for such sum, whether he refused consummation after a sale was made or before the first steps to that end were taken, which amount was insufficient to confer federal jurisdiction in the broker’s action for breach of contract.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 890-896; Dec. Dig. § 328.*</p> <p>Jurisdiction of Circuit Courts as determined by the amount in controversy. see notes to Auer v. Lombard, 19 C. O. A. 75; Tennent-Stripling Shoe Co. v. Roper, 36 C. G. A. 459; O. T. Lewis Mercantile Co. v. Klepner, 100 C. C. A. 288.]</p>