Tschudy v. Siler
Tschudy v. Siler
Opinion of the Court
1. Where an alleged brokerage contract for the sale of a business attempts to set forth the terms of sale as to the amount to be paid and the amount of commission to be paid the broker and the owner agrees “to pay the agent his commission if [he] sell this business during his listing or to any of his prospects after the listing expires,” such agreement to pay commissions must be interpreted in the light of the terms of sale set forth, and confined to a sale on those terms.
2. Pretermitting the question of whether the alleged brokerage contract sued upon was sufficiently definite as to the terms of sale to support an action for brokerage commissions based thereon, the petition here involved is fatally defective for its failure to allege that the broker found a purchaser ready, able, and willing to purchase on the terms provided (Hall v.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.