96 Vt. 167 | Vt. | 1922
The plaintiff is a real estate agent, and brings this suit to collect a commission for the sale of defendant’s farm. The trial court found the facts, and rendered judgment thereon for defendant. The only question for review is whether the findings sustain the judgment.
It is found that on October 17, 1921, defendant placed his farm, located in Milton, in plaintiff’s hands to sell for a certain price and on certain terms, and agreed to pay plaintiff two
The plaintiff claims that these findings show that it was the “procuring cause” of the transaction, and, therefore, entitled to the claimed commission. But this claim is based on part only of the findings, and ignores other findings that show, and tend to show, the contrary.
Besides the findings already noticed it is found, that plaintiff did not have the exclusive sale, of defendant’s farm, and that plaintiff knew that fact; that the farm was listed with other agencies, including the Goodsell Real Estate Agency; that the sale of the farm was through the efforts of that agency and not through the efforts of the plaintiff; that plaintiff failed to find a purchaser ready and able to buy the farm oh the terms named by defendant; and, finally, that “the plaintiff was not the procuring cause of the sale of defendant’s farm.”
The latter finding, alone, defeats the plaintiff’s claim. It could not have judgment in its favor without showing that it was the “procuring cause” of the transaction. Oben v. Ducharme, 93 Vt. 211, 106 Atl. 777, and cases there-cited. This it failed to do.
Judgment affirmed.