California Supreme Court, 1896

Quiggle v. Prouty

Quiggle v. Prouty
California Supreme Court · Decided July 16, 1896 · Temple
5 Cal. Unrep. 398; 45 P. 676; 1896 Cal. LEXIS 1066

Quiggle v. Prouty

Opinion of the Court

TEMPLE, J.

The only question involved in this appeal is whether plaintiff is entitled to recover commissions for the sale of a lot at Sacramento. Defendant placed with plaintiff, as broker, a certain lot for sale, to remain in his hands for one year, with the condition that “if a sale of said property shall be negotiated during that time by the said Chas. Quiggle, directly or indirectly, for the amount stipulated, or any less amount which I may accept, .... I promise to pay the said Chas. Quiggle a commission of five per cent on the amount of said sale.” A broker’s contract, like .any other, is governed by its terms. There is no evidence showing, or tending to show, that plaintiff negotiated a sale of the property placed in his hands. The judgment is affirmed.

.We concur: McFarland, J.; Henshaw, J.

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