130 Va. 528 | Va. | 1921
delivered the opinion of the court.
The controlling facts in this case (omitting many immaterial incidents) may be thus stated:
The plaintiff in error then instituted its action of assumpsit, claiming $1,500 commissions. The case was submitted to the trial judge without the intervention of a jury, who gave judgment for the defendant, Snellings, and of this the plaintiff in error is here complaining.
In substance, the plaintiff in error relies upon established doctrines of law, to the effect that it is entitled to the commission, claiming that Snellings had given it an exclusive agency for the sale of the property, and that it was the efficient cause of the sale. This case, then, presents a question of fact. '
The right to recover commissions was denied to a broker, although he first introduced to the owner, as a prospective purchaser, the party who afterwards bought the property through another broker, upon the ground that the first broker was not the procuring cause of the sale, in the recent case of Rosenfield v. Wall, 94 Conn. 418, 109 Atl. 409, and in a note to this case, 9 A. L. R. 1194, many other pertinent cases are cited. Realty Co. of Va. v. Barcum, 129 Va. 106 S. E. 375, is another pertinent case.
Affirmed.