Shireman v. Wildberger

Citations

• 125 Miss. 199
• 87 So. 131

Syllabus

<p>1. Bbokeks. When broker knows of defect in title, undertaking is to sell what owner has; owner bound to disclose facts which would clear title.</p> <p>Where a real estate agent undertakes to make a sale of a piece of property knowing that title is defective, he undertakes, in effect, to sell what the owner has, provided the defect is such as cannot with reasonable effort be overcome by the owner. In such case it is the duty of the owner to make reasonable effort to perfect the title, and, if that may be done by disclosing facts within his knowledge that might remove the difficulty and he fails to do so, the owner cannot escape the payment of fees or commissions earned by the agent in bringing buyer and seller together on terms agreed on.</p> <p>2. Sunday. Owner not relieved of liability to broker because of signing contract on Sunday.</p> <p>Where a principal and agent made a contract on a secular day by which the agent agreed to sell real estate for the principal on given terms, and such agent on secular days procures a purchaser and drafts a written contract, which the principal modifies and signs on Sunday, and which the agent on a secular day gets the purchaser to accept and sign on a secular day, the principal cannot escape liability for paying the agent’s commission earned because of the fact that the principal signed the contract on Sunday.</p>