109 Ky. 209 | Ky. Ct. App. | 1900
Reversing.
The appellant was the owner of a house and lot in the city of Louisville, and was desirous of selling it, hoping to realize $13,000 or more for it. The appellees, Miller & Bohannon, are real estate agents in the city of Louisville; so are John H. Brand and Eichard T. Nugent. She listed the property with the appellees and each of the other parties named for sale. This fact was known to the appellees. A sale was finally consummated to Joseph P. Dunlap through Nugent. The testimony tends to show that Dunlap’s attention was first called to the property by some member of his family, through the instrumentality of Brand, and also show's that he had many interviews with the appellees in regard to the sale of the property, and had made offers to the appellant through them for its purchase, but each of his offers seem to have been declined; at any rate, not accepted. He also- made offers through Brand for it,and endeavored to purchase it through his agency. A few days before he became the purchaser, he was approached by Nugent, who endeavored to sell if to him. After this he notified the appellees that all negotiations were off. The claim of the appellees is that they procured a purchaser for the property by first interesting him in its purchase, thus bringing on the negotiations that ultimately resulted in a contract of sale, and for that reason they are entitled to commission. This olaimi is based upon the idea that they were the first to bring the purchaser and seller together. As we have said, the testimony tends to show that it was through Brand’s agency that he became aware that the property was for sale, and through him that he first became interested in its purchase. We understand the doctrine to be that when a broker undertakes to furnish a purchaser, and presents
Petition for rehearing by appellee overruled.