78 So. 618 | Miss. | 1918
delivered the opinion of the court.
The appellee was the owner of a farm consisting of about four hundred and seventy-six acres, located in Forrest county, upon which was situated her residence. Mrs. Quick, desiring to sell her land, authorized her husband to employ the services of the appellant, a. real estate broker in Hattiesburg, to find a purchaser..
In this state of the record, it was claimed, and the claim was sustained by the jury, that appellee did not •owe the appellant anything for his services. This claim seems to rest upon two contentions: First, that the real estate agent was given only a thirty-day option on the sale; and, second, that the agent was discharged when the appellee formerly withdrew her land from the market.
As to the”first contention, suffice it to say there is no competent evidence in the record to sustain it. All of the evidence upon this phase of the defense was' purely hearsay. It is perfectly'manifest that Mr. Ferguson procured a purchaser for this land, who was willing to receive; that Mr. Ferguson’s work resulted in the sale of the land at the owner’s price. We may assume for the purpose of this decision that Mrs. Quick took her land off the market in perfect good faith, and still the fact remains that Mrs. Quick received the full benefit of Ferguson’s work. It is too clear for
Reversed, and judgment here for appellant.
Reversed..