282 P. 250 | Colo. | 1929
THE plaintiff Todd is a licensed real estate broker. The defendants Thomas Ness and Emma Ness, who owned property in Colorado Springs, listed the same with Todd for sale at $2,850. Soon thereafter the plaintiff obtained a prospective purchaser, Mrs. Heath, and plaintiff took her and her husband to the property and showed it to them and introduced them to the owners. Mrs. Heath expressed herself as pleased with the property but desired to get a reduction in price. About two weeks thereafter the defendants sold this property through another broker to Mrs. Heath for the sum of $2,500 without notifying the plaintiff of such sale and defendants did not theretofore or at any time list the property with plaintiff for any other price than $2,850. After the sale plaintiff learned of it when he demanded his commission from the defendants, which they refused to pay, and this action by Todd is to recover the commission of $100, which amount was agreed upon between him and the owners in the event of a sale. The plaintiff was not given the right of an exclusive sale of this property. The sale as actually made was by a subsequently appointed broker. The property was sold by this broker to a buyer whom the plaintiff Todd introduced to the owners and at a price $350 less than the property had been listed with him.
[1] In Millage v. Irwin,
The court properly directed a verdict for the plaintiff. While not passing upon the specific objections to *406 testimony which the defendants here urge, it is clear that they have not been injured by any rulings of the trial court. The directed verdict under the undisputed evidence was right and the judgment is therefore affirmed.
MR. CHIEF JUSTICE WHITFORD, MR. JUSTICE ADAMS and MR. JUSTICE ALTER concur.