2 Colo. App. 248 | Colo. Ct. App. | 1892
delivered the opinion of the court.
Sometime in 1889 Edward Carson was interested in a dairy outfit which had its headquarters at Josephine and 81st streets in the city of Denver. Sometime prior to that date he had listed the property with Baker, the appellee, as a real estate agent, for the purposes of sale at a price named. Baker was not successful in his efforts to sell at that price, and he took out the advertisement which he had inserted in the paper to influence customers, and abandoned' the project. Subsequently, and about the time named, Carson reapproached him to renew his efforts at a reduced price. These efforts were not successful. Carson then sought to interest Baker in negotiating a trade of the outfit for some property which belonged to a man named Haynes. The trade which Carson suggested was the exchange of the dairy outfit and property for a small house and some lots which Haynes owned in the vicinity. Carson was willing, however, to pay boot to the extent of a thousand dollars if the trade could be made. At the time he made this proposition to Baker he had a conversation concerning what he would pay if the trade should ultimately be carried out. There is some discrepancy between the statements of the various witnesses as to what transpired when he and Baker concluded their agreement. According to the judgment which was rendered by the county court the trial judge concluded the agreement was that Carson should pay Baker $100, in case the trade should be consummated. He was fully justified in this conclusion by a fair preponderance of testimony, andhis judgment should not be disturbed unless under the facts no legal liability devolved on Carson by reason of the transaction.
This cannot be said to be true. It has been argued with a good deal of force and considerable learning, that in order to entitle a broker to commissions for the sale of property he must produce a purchaser able, ready and willing to buy on the terms nominated when the property is put into his hands. This is true. It is equally true that the broker must be sub
The judgment of the county court is in accord with the principles here stated, and since it is supported by the evidence, it must be affirmed.
Affirmed.