Somers Co. v. Pix

Citations

• 75 Wash. 233
• 134 P. 932
• 1913 Wash. LEXIS 1703

Syllabus

<p>Vendor and Purchaser — Vendor’s Title — Defects — Sale of Wood. An abstract of title showing a receipt “in full payment of wood” on the premises, is not objectionable as failing to show a “marketable” title, where no time was fixed for the removal of the wood; since the presumption is that it was severed or to be removed immediately.</p> <p>Frauds, Statute of — Title to Land — Standing Timber — Deed. A receipt for wood is void as a conveyance of standing timber, under the statute of frauds, Rem. & Bal. Code, §§ 8745, 8746, requiring conveyance of an interest in real estate to be by deed.</p> <p>Brokers — Compensation—Defects in Title. As between a vend- or and a broker suing for a commission on a sale that was abandoned because of objections to the title, the vendor is not bound by the opinion of the vendee’s attorney, but the court will determine the true state of the title.</p> <p>Brokers — Right to Compensation — Waiver — Contract — Performance. Under an agreement with a broker, to convey to the purchaser by a warranty deed and to pay as commissions whatever was received in excess of the sales price, the broker is not entitled to commissions where the sales contract required the vendor to furnish an abstract showing good title, and the broker, acting as agent for the vendor, allowed the purchaser to take down his earnest money and abandon the deal, upon his making a technical objection to the abstract without showing any substantial defect rendering the title unmarketable; since he did not obtain a purchaser ready and willing to buy, and was to be paid commissions only out of the purchase money received.</p>