162 P. 70 | Utah | 1916
The plaintiff brought this action against the defendant to recover the sum of $150 claimed to be due him for services under employment as a real estate broker. He alleged in the first count of the complaint that he was a duly licensed real estate broker, authorized to sell real estate as agent upon commission, within Salt Lake City, Utah, and that between June 28, 1911, and July 31, 1912, at Salt Lake City, Utah, plaintiff performed services for defendant at defendant’s special instance and request in and about the sale of and procuring a customer for the purchase of certain real estate specifically described located in Salt Lake City, Utah, which services were of the reasonable value of $150, no part of which had been paid, though said amount is now due and payment has
The case proceeded to trial before the court without a jury, and at the conclusion of the trial the court made findings of fact as follows:
‘'That the defendant in writing authorized the plaintiff to sell certain real estate of the defendant, and that thereupon a lengthy correspondence, partly by letter and partly by telegram, ensued, during the course of which the terms of sale were changed at different times. »
‘ ‘ That at no time did the plaintiff procure a customer ready, able, and willing to purchase the defendant’s property upon terms and conditions then authorized by the defendant or then in force.”
From the foregoing, the court found, as conclusions of law, that the plaintiff is not entitled to recover herein. It therefore was adjudged that the plaintiff take nothing and that the defendant recover his costs. Whereupon the plaintiff perfected his appeal to this court, assigning numerous errors, the most essential of which is stated as follows:
“The court erred in making its finding of fact to the effect that at no time did the plaintiff procure a customer ready, able, and willing to purchase defendant’s property upon the terms and conditions then authorized by defendant or then in frace; that said finding is not supported by the evidence, but the evidence, on the contrary, expressly shows that the plaintiff had procured a customer ready, able and willing to purchase the defendant’s property upon the terms authorized and accepted by the defendant. ’ ’
“In the following eases every agreement shall be void, unless such agreement or some note or memorandum thereof be in writing and subscribed by the party to be charged therewith: * * * (5) Every agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission.”
Defendant further contends that the plaintiff did not procure a purchaser ready, able, and willing to purchase upon the terms proposed by the defendant.
Then let us see whether the finding of the court that at no time the plaintiff procured a customer ready, able, and willing to purchase, etc., is sustained by the evidence. The plaintiff testified that he never communicated to the defendant the name of the woman who was the proposed purchaser of the property; that it was the custom in his business not to do so; that in one letter he said, “A lady who is in business in Bingham” is the purchaser. He further testified that the proposed purchaser paid him the sum of one hundred
There are other errors assigned which, in view of the conclusion reached on the essential part of the plaintiff’s case, need not be discussed.
As to the amount claimed for the cost of bringing the abstract to date, the authority to incur that expense would also
The judgment of the lower court is affirmed, with costs to the respondent.