Sunflower Bank v. Pitts

Citations

• 108 Miss. 380
• 66 So. 810

Syllabus

<p>1. Brokers. Unilateral contract. Performance. ■Evidence. Parol evidence. Admissibility. Yarying contracts. Bights to recover compensation.</p> <p>Although a contract, which recites that an owner agrees to list his lands with a broker for sale, and that the broker may sell at • a fixed price, may be deemed a unilateral contract and without consideration, yet it may be enforced by the broker if he accepts it and incurs expense in an attempt to find a.purchaser.</p> <p>2. Evidence. Parol evidence. Admissibility.p Varying contracts.</p> <p>Although a contract in writing for the listing of land with a broker for sale, did not recite nor imply a consideration, parol evidence that the broker had incurred expense in attempting to find a purchaser, and that it was understood at the time and before the execution of the contract, that the broker should advertise and make every effort to sell the land, was not inadmissible as varying .the written contract.</p> <p>3. Evidence. Parol evidence. Varying contracts.</p> <p>When the terms of a written contract do not recite any consideration, the real consideration may be shown by parol evidence.</p> <p>4. Evidence. Parol evidence. Varying contract.</p> <p>Under a written contract providing that an owner agreed to list land with a broker for sale at a fixed price, parol evidence that the broker, on the land being listed with him incurred expense ■ in advertising for a purchaser, was admissible to show performance on his part, of the contract.</p> <p>5. Trial Issues. Submission to jury.</p> <p>It is proper to submit an issue to the jury when the evidence is conflicting.</p> <p>6. Brokers. Contracts. Employment. Bight to recover compensation.</p> <p>An owner of land, who listed it with a broker for sale, under a contract giving the broker the exclusive right to sell at a special price and binding both parties not to sell for less, cannot defeat a recovery by the broker by making a sale for a less price.</p>