157 A. 270 | Conn. | 1931
The trial court has found, upon conflicting evidence and therefore conclusively, that the plaintiff, a real-estate broker, asked the defendant if a certain property he owned was for sale and if he, the plaintiff, might handle it. The defendant assented and *713
gave him the price to be asked. The plaintiff then told the defendant that he had in mind a possible customer, naming him. The plaintiff had previously shown the customer other properties and knew he was in the market for a property similar to that of the defendant. Two or three days after his talk with the defendant the plaintiff offered to take the customer to the property, but the latter said that this was not necessary and he would look at it himself at some convenient time. Later he opened negotiations for its purchase directly with the defendant and did purchase it. Except as stated the plaintiff had nothing to do with the sale. That the defendant employed the plaintiff to act for him in procuring a purchaser of the property was a proper conclusion for the trial court to reach. The substantial claim of the defendant is that, upon the facts found, the plaintiff was not the procuring cause of the sale because he did nothing more than direct the customer's attention to the property and took no part in the actual negotiations thereafter. The defendant relies principally upon Rosenfield v. Wall,
There is no error.