Price v. Partridge

Citations

• 78 Wash. 362
• 139 P. 34
• 1914 Wash. LEXIS 1025

Syllabus

<p>Brokers — Contract for Commissions — Validity—Description of Property. An agreement to pay a broker’s commission on the exchange of property is not unenforceable because the description of the properties was not accurate, where it was understood at the time that the description of some 1,600 acres of farm land might not be accurate, and abstracts were exchanged and the trade made' without any objection to the discrepancies in the description.</p> <p>Same — Contract fob Commissions — Change in Terms. In such a case, it is immaterial that 80 acres less was conveyed than was represented to be in the tract, the parties having nevertheless concluded the contract.</p> <p>Same — Action for Commissions — Pleading and Proof — Affirmative Defense. In an action to recover a broker’s commission, which the purchaser agreed to pay out of the first crop raised on the place, the fact that the crop raised was not sufficient to pay the sum agreed upon is an affirmative defense to be specially pleaded, and cannot be shown under a general denial.</p> <p>Same — Broker Acting fob Both Parties. A broker is entitled to recover an agreed commission from both parties to the exchange of properties, where both knew that the other was to pay a commission.</p>