58 A.2d 707 | Conn. | 1948
In this action by a real estate broker to recover a commission, the defendant has appealed from a judgment for the plaintiff on the ground that the latter failed to produce a customer ready, willing and able to purchase the defendant's property.
With such corrections of the finding as the defendant is entitled to, the facts may be summarized as follows: The defendant, an owner of a house and land, gave the plaintiff, a real estate broker doing business under the trade name of "Allied Associates," exclusive right to sell his property for an agreed commission. The broker produced, as prospective purchasers, Mr. and Mrs. Slauenwhite, with *515 whom the defendant entered into an agreement on October 12, 1944, by the terms of which they were to purchase the property on or before November 25, 1944, for the sum of $10,300, with a down payment of $100. The Slauenwhites had resources of substantially $5100. They applied to a home loan association for a prospective mortgage loan of $6500 on the defendant's property and on or about November 17, 1944, were assured by the president of the association that it would be granted, but that it would have to be passed upon formally at the next meeting of the board of directors, which was to be held on November 28, 1944, three days after the expiration date of their contract with the defendant. The plaintiff, who had the available funds, offered the Slauenwhites the cash necessary to purchase the property, the money to be repaid when they secured the loan. They accepted the offer and the plaintiff notified the defendant before November 25, 1944, that the cash for the deal was ready. The defendant refused to close the deal, retained the deposit and refused to pay the plaintiff a commission. The Slauenwhites' application for a loan was approved November 28, 1944. On these facts, the trial court held that the Slauenwhites were ready, willing and able to purchase and that the plaintiff was entitled to his commission.
A broker is entitled to his commission where he has produced a customer ready, willing and able to buy on terms given him by the owner, or upon terms accepted by the owner. Commander v. Lawler,
There is no error.
In this opinion the other judges concurred.