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Long v. Murchison

Municipal Court of Appeals for the District of Columbia
Nov 23, 1948
62 A.2d 370 (D.C. 1948)

Opinion

No. 722.

November 23, 1948.

Appeal from the Municipal Court for the District of Columbia, Civil Division.

Action to recover broker's commission by John P. Murchison and another against Carleton Long. From the judgment, the defendant appeals.

Reversed with instructions to award new trial.

Hallock P. Long, of Washington, D.C., (James H. McCoole, of Washington, D.C., on the brief), for appellant.

Harry L. Ryan, Jr., of Washington, D.C., for appellees.

Before CAYTON, Chief Judge, and HOOD and CLAGETT, Associate Judges.


Appeal by an owner of property from a judgment awarding a commission in favor of brokers who claimed to have produced a prospective purchaser of the property on terms prescribed by the owner.

Plaintiff brokers did not prove that their purchaser was financially able to complete the contract and this defect in the proof was suitably challenged in the trial court at the close of plaintiffs' case and again upon the whole evidence. The trial judge refused to rule that such proof was necessary and entered judgment for plaintiffs.

The ruling was incorrect. Nothing in this field of law is better settled than that a broker to be entitled to a commission must produce a purchaser who is ready, able and willing to buy on the terms authorized by the principal.

Heurich v. Sullivan, 52 App.D.C. 95, 281 F. 599; Dreyfuss v. Boling, D.C.Mun.App., 60 A.2d 230; Tweed v. Buckner, D.C.Mun.App., 39 A.2d 203.

The fact that the purchaser signed a contract is some evidence that he was willing to proceed with the deal. But it is no evidence that he was financially "ready" or "able" to do so. Without such evidence there can be no valid judgment for a commission.

Reversed with instructions to award a new trial.


Summaries of

Long v. Murchison

Municipal Court of Appeals for the District of Columbia
Nov 23, 1948
62 A.2d 370 (D.C. 1948)
Case details for

Long v. Murchison

Case Details

Full title:LONG v. MURCHISON et al

Court:Municipal Court of Appeals for the District of Columbia

Date published: Nov 23, 1948

Citations

62 A.2d 370 (D.C. 1948)

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