11 S.W.2d 979 | Ky. Ct. App. | 1928
Affirming.
In this action to recover a real estate commission, a demurrer was sustained to the petition as amended, and the petition was dismissed. The real estate agents have appealed.
The facts pleaded are, in brief, as follows: M.V. Offutt and Ben R. Oldham are real estate agents, doing business under the firm name of Offutt Oldham. Prior to the month of October, 1926, Charlie Winters listed his farm with them, and agreed if they made a sale, or found a purchaser for same, he would pay them a commission of 2 per cent. on the sale price. The listed price was $110 an acre. While the farm was still listed with them, they found a purchaser in the person of one John Turner. After describing the farm, and stating its advantages, to Turner, Turner agreed to go with them to see the farm with the view of purchasing it. Instead of keeping his promise, Turner, without the knowledge of the agents, went to Winters and bought directly from him at the price of $90 an acre. Turner did not know the farm was for sale until informed by the plaintiffs. By reason of their solicitations and efforts in explaining to him the desirability of the purchase, he bought the farm directly from Winters. Before the purchase was made Winters could, by the exercise of ordinary care, have known that Turner came to defendant's farm and was offering to buy same as a result of the efforts of plaintiffs.
It is not alleged in the petition that Winters knew, and no facts are pleaded showing that a person of ordinary intelligence in his situation should have known that the purchaser was found by plaintiffs. Nor are any facts pleaded showing that Winters acted in bad faith. *58
Therefore, the question for decision is whether the owner of real estate is liable for a commission, where, after listing it with a nonexclusive agent for sale at a definite price, he in good faith, and in ignorance of the efforts of the agent, sells the property at a reduced price to a purchaser found by the agent. It is true that in the case of Stedman Bowman v. Richardson,
Judgment affirmed.
Whole court sitting.