Roberts v. Kimmons

Citations

• 65 Miss. 332

Syllabus

<p>1. Agent. For the sale of land. Condition as to title in contract of sale.</p> <p>Where an agent employed to sell land effects a contract of sale conditioned; that the title shall be made clear and satisfactory to the purchaser, such-condition is but an expression of what the law would have implied, in the-absence of an agreement, that the purchaser would take the risk of the title.</p> <p>2. Same. Contract for sale of lamd. Failure to consummate. Right to compensation.</p> <p>And the refusal of such purchaser to consummate the purchase of the land on an objection to the title, not fanciful or captious, does not preclude the-right of the agent to a commission for making a sale, he having been employed by a principal representing himself to be the owner of the land and agreeing to pay a commission on the price for which a sale should be made, and there being no agreement making the agent’s compensation dependent upon the condition of the title.</p>