119 Ark. 6 | Ark. | 1915
Dr. C. L. Crawford sued Francis R. Faulkner and Oscar Beadle to recover a real estate broker’s commission. The case wa,s tried before a jury, which returned a verdict for the plaintiff against the' defendant, Faulkner, and from the judgment rendered Faulkner has appealed.
The facts are as follows: The defendant, Beadle, in August, 1912, listed his farm and certain personal property on it with plaintiff, Crawford, for sale and agreed to pay him 5 per cent commission therefor. Doctor Crawford had formerly lived in Chaves County, New Mexico, amid he wrote back there to defendant, Faulkner, asking him to interview a man named Gibbs and find out what were the chances of exchanging Gibbs’ property in New Mexico for Beadle’s property in Lonoke County, Arkansas. Faulkner replied that Gibbs had sold his property but that he himself had ,a farm which he might trade to Beadle for his land. Upon receipt of this letter, Doctor Crawford told Beadle to go to New Mexico and examine Faulkner’s land. Beadle went there, and after remaining eight or ten days returned to Arkansas with Faulkner. Faulkner stayed with Doctor Crawford and drove about tlie country with him, 'looking at the lands of Beadle •and other parties. After several days’ negotiation, Beadle and Faulkner entered into a .contract whereby Beadle exchanged his lands in Lonoke County, Arkansas, comprising- about five hundred and twenty acres, for Faulkner’s land in New Mexico, consisting- of eighty acres. As a part of the consideration Faulkner agreed to pay Beadle fifteen thousand dollars in money, or to assume debts of Beadle’s for that amount. For the purpose of fixing the commission which would >be due Doctor Crawford, Beadle’s lands were valued at twenty-eight thousand dollars' and Doctor Crawford was to receive 5 per cent commission on that amount as his services for bringing about the exchange of lands between the parties. Both Doctor Crawford and Beadle testified that before the trade was made Faulkner agreed with Beadle that :he would pay the commission to Doctor Crawford as a part of the consideration for the exchange of the land and that Doctor Crawford was notified of that fact. They also testified that after the exchange of land had been consummated, Faulkner said that he had agreed with Beadle that he would pay the real estate commission due Doctor Crawford. Faulkner testified in his own behalf, and denied in most emphatic terms that he had agreed with Beadle to pay the commission due Doctor Crawford. After the exchange of lauds was made Beadle removed to New Mexico, and in behalf of Faulkner it was shown that Beadle stated to three persons after his arrival there that Doctor Crawford had come to him just before he left Arkansas and asked Mm to sign ia paper, stating that Faulkner had agreed to pay Crawford the commission on the trade and that he had declined to sign the paper because the statements contained in it were not true. Beadle denied that he had made this statement to the persons in New Mexico, and Doctor Crawford testified that he did not go to Beadle with such a paper for him to sign either just before he left Arkansas or at any other time.
It follows that the judgment must be .affirmed.