Mather v. Robinson
Mather v. Robinson
Opinion of the Court
The opinion of the court was delivered by
This was an action for real-estate commission. Judgment was for the defendant. Plaintiffs appeal.
The evidence of the plaintiffs shows the exclusive sales agency contract duly executed; that they had endeavored to find a purchaser for the property and showed it to several prospective purchasers; that one McGraw was shown the property and signed a contract to purchase it for $4,750; that by the terms of this contract $250 was paid at the time the contract was executed, $1,300 was to be cash and the balance in F. H. A. loan for fifteen years. There was some evidence to the effect that the defendant attempted to cancel her listing. The case was duly submitted to the jury and a verdict returned for defendant. Motion for a new trial and for judgment notwithstanding the verdict was overruled. Judgment was entered for the defendant — hence this appeal.
The gist of the argument of plaintiffs is that they furnished a buyer ready, willing and able to purchase and that the sale was not consummated because the seller changed her mind and refused to go through with the contract.
Various authorities are cited by the plaintiffs to sustain that position. Those cases do sustain that rule. However, giving the evidence in question the most favorable construction for the plaintiffs, it shows that plaintiffs did not produce a purchaser willing and able to buy the property on the terms offered by the seller, the defendant
. We hold that in order for the rule contended by plaintiffs to apply the real-estáte agents must have produced a purchaser ready, willing and able to purchase the property upon the terms described in the listing contract by the seller.
The judgment of the trial court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.