113 A. 169 | Conn. | 1921
The trial court finds that the defendant did not understand the English language, that she could not write, and that she never fully understood a bond for a deed; but the case went to trial on a general denial of the allegations of the complaint, and these findings are entirely outside of the issues. The single question of law raised by the appeal is whether a real-estate agent employed to procure a customer at a given price, has earned his commission when he procures a customer with whom his client enters into a binding contract for the sale of the property, either on the terms originally fixed or upon others satisfactory to the vendor.
Upon principle it would seem that a broker has fully performed his task when he brings the parties to an enforceable agreement, and in this case the agreement is one of which a court of equity might decree specific performance at the instance of either party. The case is practically controlled by Leete v. Norton,
There is error, the judgment is reversed and the cause remanded with directions to enter judgment for the plaintiff for $376, with interest from February 12th, 1920.
In this opinion the other judges concurred.