65 Conn. 260 | Conn. | 1894
In November, 1891, the defendant placed certain real estate which she owned and was desirous of selling, in the hands of the plaintiff, who was a real estate dealer and agent, requesting him to sell the same, and fixed the price at $16,000. Some weeks after, the defendant called upon the plaintiff and asked him what commission he should charge for selling the property, and he informed her that the customary commission, and what he should charge, would be two per cent, but said that he did not think it possible to sell the property for the figure she named. He also then said he thought Mr. Whittemore, who owned the property adjoining, was the man who ought to buy it. She replied they had already tried him and were sure he would not buy it. The plaintiff thereupon, with full knowledge and consent of the defendant, advertised said property, and put Jhis sign in a conspicuous place in front of the same, showing
The defendant, upon the foregoing facts, offered to pay the plaintiff the sum of $25.00 and refused to pay him anything further; claiming that he had not obtained from Mr. Whittemore or from any one else, a contract which she had accepted, or one which the plaintiff was authorized to negotiate, and that he was not entitled to any commission as a broker. The court overruled the claim of the defendant, and gave judgment for the plaintiff to recover his commission, two per cent of the selling price, namely $230, the defendant duly excepting.
The defendant’s notice of appeal, and the appeal, are in the usual form, in accordance with General Statutes §§ 1130-1133, but the final reason assigned in said appeal is as follows: “ The defendant requested the court, in writing, to find the facts which she claimed had been proved, in separate paragraphs, each of which was numbered; and said request and proposed finding was filed with the clerk within two weeks after judgment was entered in said action. The
This fully corresponds with the provisions of Rules of Practice, XVII. § 3, 58 Conn., 584, and — excepting possibly that the paragraphs are numbered — there is nothing in the record to suggest that it was designed to serve any other purpose than that of an ordinary request for a finding “under the provisions of General Statutes, § 1132,” and we think the court below committed no error in treating it as such a proposed finding only; not as a request to incorporate certain facts in a finding, but to adopt one, as a statement of all the facts and claims of law. Further, no written exceptions to any finding of facts by the court, or to any refusal to find a fact requested, were ever filed. It is clear that the reason of appeal stated, does not itself constitute “ an appeal from any finding or refusal to find any fact,” pursuant to the Public Acts of 1893, Chap. 174.
The remaining reasons of appeal, four in number, present in substance the claim that on the facts stated the plaintiff was not entitled to a broker’s commission, or to any other sum than what his services were reasonably worth, concerning which there is no finding. It is asserted that the facts do not show that the plaintiff procured a purchaser of the defendant’s real estate, or that he was the procuring cause of such sale, and that if he did not do so he is not entitled to his commission as a broker.
We think the finding fairly shows that the plaintiff first
In Plant v. Thompson, 42 Kan., 664, it was held that an agent employed to sell real estate, who first brings it to the notice of the person who ultimately becomes its purchaser, is entitled to his commissions on the sale. Nor can the owner evade his liability to pay the agent his commissions by selling for a sum less than the price given the agent, when the reduction is made of the owner’s own' accord. In Tyler v. Parr, 52 Mo., 249, it was said : “The law is well established, that in a suit by a real estate agent for the amount of his commission it is immaterial that the owner sold the property and concluded the bargain. If after the property is placed in the agent’s hands, the sale is brought about or procured by his advertisement and exertions, lie will be entitled to his commissions.” In Arrington v. Cary, 5 Bax. (Tenn.), 609, it is said: “ When a broker is employed to sell real estate, and produces a person who ultimately becomes a purchaser, he is entitled to his commission although the trade may be effected by the owner of the property.” See also, Carters. Webster, 79 Ill., 435; Sussdorff v. Schmidt, 55 N. Y., 319; Shepherd v. Hedden, 29 N. J. L., 334.
The case of Lincoln v. McClatchie, 36 Conn., 136, is entirely in point. The defendant put into the hands of the plaintiff, a real estate broker, a house to sell for $6,500, the plaintiff to receive a commission of one per cent if he sold the house; the defendant to have a right to sell himself, without being liable for a commission, and the plaintiff not
There is no error in the judgment complained of.
In this opinion the other judges concurred.