Opinion
No. 28345.
January 30, 1930.
BROKERS. Broker first producing customer and procuring cause of sale is entitled to commission, to exclusion of other brokers without exclusive agency.
Where several brokers are employed to effect the same transaction, such as a sale or exchange of property, without exclusive agency, the broker who first produces customer and is procuring cause of sale, exchange, or other transaction is entitled to commission, to exclusion of other brokers.
APPEAL from circuit court of Jackson county. HON.W.A. WHITE, Judge.
Ford, White, Graham Gautier, of Gulfport, for appellant.
A real estate broker is entitled to recover his commission where property was listed with him in writing, and he found a purchaser who was ready, willing and able to buy and offer from such purchaser was to broker's principal, before any other sale was made by the principal, and before broker's authority had been revoked.
Robertson v. Cloud, 47 Miss. 208; Smith v. Cook, 119 Miss. 375; 9 C.J., page 516, par. 18; Stephens v. Scott, 43 Kan. 285, 23 P. 555; Johnson v. Huber, 103 P. 99; Holder v. Starks, 34 N.E. 1069, 38 Am. St. Rep. 451; Brooks v. Leathers, 70 N.W. 1099; Cook v. Smith, 119 Miss. 384; 9 C.J., page 563; Nolan v. Swift, 69 N.W. 96; 4 Am. Eng. Ency. of Law (2 Ed.), 980.
Colmer Herring, of Pascagoula, for appellee.
If a person employs two brokers, the one effects the sale who brought the minds of the parties to meet.
Smith v. McGovern, 65 N.Y. 574; Lyon v. Mitchell, 36 N.Y. 235; Stillman v. Mitchell, 2 Robt. 523; Sussdorff v. Schmidt, 55 N.Y. 319; Lloyd v. Matthews, 51 Id. 124; Fellman v. O'Brien, 23 Miss. 341.
The principal is only liable for compensation to the who effects the sale.
Sussdorff v. Schmidt, 55 N.Y. 319; Ahern v. Baker, 34 Minn. 98; Henderson v. Dinson, 84 Ala. 99; De Cordova v. Bahn, 74 Tex. 643 [ 74 Tex. 643].
"An owner of land may place it in the hands of as many brokers as he sees fit, so long as no exclusive agency is given; and where several brokers are employed to effect the same transaction, such as a sale or exchange of property, the broker who first produces a customer and is the procuring cause of the sale, exchange, or other transaction is entitled to the commission, to the exclusion of the other brokers." See 9 C.J., p. 616, and the many authorities cited under note 29.
The law of the case as found in the opinion on the former appeal, Hollister v. Frellsen, 148 Miss. 568, 114 So. 385, settled the issue that there was no exclusive agency; and the evidence shown in the record of the present appeal is conclusive, in favor of appellee, on the other issues stated in the foregoing quotation.
Affirmed.