Baird & Montgomery v. Lewis
Baird & Montgomery v. Lewis
Opinion of the Court
The question is whether there was sufficient evidence to support the finding of the jury that appellee A. B. Lewis, defendant below, revoked an agency authority or listing agreement with appellants Baird and Montgomery, to sell his farm, prior to appellants obtaining a purchaser, ready, willing and able to buy and notifying Lewis of that fact.
On Monday, May 16, W. T. Stokely indicated some interest in the land, and went to see it with appellant Montgomery. Lewis showed them the boundaries and discussed it generally. On Wednesday, May 18, Stokely advised appellants, the brokers, that he would buy the property for the stipulated price, $42,000 cash. On Friday, May 20, Stokely went back to look at the land with G. I. Worthington, a farm mortgage agent of an insurance company, in order to ascertain whether he could obtain a loan. Worthington and Stokely said that they talked about the property with Lewis, and Stokely discussed a time for obtaining possession and details of paying the purchase price. Worthington stated that no definite trade was concluded with Lewis on that occasion. Stokely commented that his discussion with Lewis at the farm on Friday was to get together on terms and payment, but he did not tell Lewis that he would take the property.
Baird, Montgomery, and Mrs. Andrews, their secretary, testified that, on the Thursday after Stokely had told them on Wednesday he would take the property, Lewis came by their office. They advised him that Stokely was ready, willing and able to buy the property. Lewis denied this. He said that they told him on Thursday that Stokely was still looking, and did not advise him that Stokely had accepted his offer. He admitted that dnring this conversation with appellants he had said,
The jury returned a verdict for defendant. Instructions for both parties properly submitted to it the issue of whether defendant’s offer to sell, made in his listing with plaintiffs, was accepted by Stokely and that fact communicated to defendant before he revoked the authority. On conflicting evidence the jury found in favor of defendant. It was purely an issue of fact, so we affirm the judgment. Ferguson v. Quick, 118 Miss. 136, 79 So. 83, sustaining suggestion of error as to 78 So. 618 (1918); Hollister v. Frellsen, 148 Miss. 568, 114 So. 385 (1927); 12 C. J. S., Brokers, Section 118. The principal has power to revoke an agency created by a brokerage agreement, not supported by any consideration, at any time and for any reason. 12 C. J. S., Brokers, Sections 16, 66; 8 Am. Jur., Brokers, Sections 37-46. The broker should be notified by the principal of such revocation. Lewis did that. 8 Am. Jur., Brokers, Section 45. See also Jayne v. Drake, 41 So. 372 (Miss. 1906); Cook v. Smith, 119 Miss. 375, 80 So. 777 (1919); Alexander v. Brumfield, 124 Miss. 177, 87 So. 9 (1921); Myers v. Coleman, 93 Miss. 226, 46 So. 249 (1908).
Affirmed.
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