6 Wash. 213 | Wash. | 1893
The opinion of the court was delivered by
This action was brought to recover compensation alleged to be due under a special contract between the plaintiff and the defendant, by which it was agreed that if the plaintiff would negotiate a sale for the defendant of certain lands, upon terms then agreed upon, the defendant would pay him for his services in so doing the sum of $500. The question presented to the jury was as to whether or not there had been a substantial compliance with the terms of the agreement upon the part of the plaintiff.
Much of the discussion in this court has been upon the question as to the liability of an owner of property to a real estate agent who has had the property for sale upon certain express terms, and, in his attempt to make a sale thereof in accordance with such terms, has brought the owner and certain persons together, and the owner has made a sale to such persons upon terms somewhat differ
What has been said as to this contract is equally tr.ue as to the other one offered in evidence, and, as we have already seen that there was no other evidence in the case tending to show such a performance of the conditions of the contract on the part of the plaintiff as would entitle him to his compensation, there was nothing upon which the case should
Stiles, Scott and Anders, JJ., concur.
-I think the judgment of the court below was right and should be affirmed.