216 Mich. 324 | Mich. | 1921
(after stating the facts). The trial judge was clearly in error. The agreement between defendant and the American State Bank was an agree
“A broker becomes entitled to his commission whenever he procures for his principal a party with whom he is satisfied and who actually contracts for the purchase of the property at a price acceptable to the owner (Hubbard v. Leiter, 145 Mich. 387; McDonald v. Ortman, 88 Mich. 645; Whitaker v. Engle, 111 Mich. 205; Keys v. Johnson, 68 Pa. 42); and he is not deprived of the right to his commission by the fact that the purchaser fails to carry out his contract (19 Cyc. p. 270.); nor is he bound to wait until all deferred payments were paid and all agreements on the part of the purchaser complied with (Morgan v. Keller, 194 Mo. 663, 680 [92 S. W. 75]), and it is necessary to show an express agreement to defer payment of his commission to defeat his right of recovery after performance (Hodgkins v. Mead, 8 N. Y. Supp. 854, affirmed without opinion, 130 N. Y. 676 [29 N. E. 1035]).”
The judgment will be reversed, with a new trial. Plaintiff will recover costs of this court.