41 Md. 158 | Md. | 1874
delivered the opinion of the Court.
The appellant is a real estate broker, doing business in Baltimore City, and as such was employed by Mr. Cooper, to sell for him, his farm in Baltimore County. As Cooper’s agent, he advertised the farm for sale and the appellee
1st. Upon an express agreement or contract between the appellee and himself that she would pay him such commissions in case the exchange was effected.
2nd. Upon an alleged custom or usage among brokers in the city of Baltimore, that in exchanges of real estate they are entitled to a commission of two and a half per cent, from each party on the amount or value of the property exchanged.
The testimony is .conflicting as to the making of the alleged agreement, but the question presented for the determination of this Court by the present appeal, is whether such an agreement if made, can be enforced by the agent, by an action founded thereon ? That the appellant was Cooper’s agent to sell his farm, and that the alleged agreement, if ever made, was entered into, while this employment continued, are conceded facts in the case. In this state of facts could he lawfully become the agent of the party by whom the farm was purchased by way of exchange of property? In our opinion it is very clear he could not. It is a general rule that a party cannot in any agency of this kind act as agent or broker for both vendor and vendee in respect to the same transaction, because in such case there is a necessary conflict between his interest and his duty. The vendor in the employment of an agent to sell his property bargains for the disinterested skill, diligence and zeal of the agent for his own exclusive benefit.
It is a confidence necessarily reposed in the agent, that he will act with a sole regard to the interest of the princi
After what has been said it is hardly necessary to add that the usage or custom relied on cannot avail the appellant. A usage in contravention of a well settled and salutary rule of law cannot he sustained by Courts of Justice. The appellant is therefore not entitled to recover on either ground upon which he bases his claim. The rulings of the Court rejecting his two prayers, accord with the views above expressed, and it follows that error, if there he
Judgment affirmed.