Shoemaker v. Digges

U.S. Court of Appeals for the D.C. Circuit
Shoemaker v. Digges, 46 App. D.C. 206 (D.C. Cir. 1917)
1917 U.S. App. LEXIS 2529

Shoemaker v. Digges

Opinion of the Court

Mr. Chief Justice Shepard

delivered the opinion of the Court:

It is the law that an owner of property has the right to employ many brokers, and to reserve the right to sell himself, and to pay such broker as shall close the sale with a customer; but, notwithstanding this, if a broker finds a customer with whom the owner closes the deal, and is the real procurer of the sale, he is entitled to his commissions. Bryan v. Abert, 3 App. D. C. 180, 187; Block v. Ryan, 4 App. D. C. 283, 286; Shinn v. Evans, 37 App. D. C. 304, 308; and Moore v. Breuninger, 34 App. D. C. 86, 91.

This question of fact was submitted to the jury in a charge that we find unobjectionable. The jury found that the purchaser was not procured by the defendant, but by plaintiff, who stimulated him to the purchase and was the procuring cause of his offer. They found that defendant did not notify plaintiff of any previous negotiations with Gordon, nor reserve the right to effect a sale to Gordon himself. Plaintiff was left to believe that he had found the purchaser.

This was a question of fact for the jury to determine, and there was no error in .refusing to direct a verdict foi* defendant, or in failing to. give 'the special instruction asked by the defendant.

The judgment is affirmed with costs. Affirmed.

Reference

Full Case Name
SHOEMAKER v. DIGGES
Cited By
4 cases
Status
Published
Syllabus
Reai, Estate Agents; Commissions. An owner of property has the right to employ more than one broker to sell his property; to reserve the right to sell himself, and to pay such broker as shall close the sale with a customer; but, notwithstanding this, if a broker finds a customer with whom the owner closes the deal, and is the real procurer of the sale, he is entitled to his commissions. (Following Bryan v. Abert, 3 App. D. C. 180; Block v. Ryan, 4 App. D. C. 283; Moore v. Breuningor, 34 App. D. C. 86; and Shinn v. Evans, 37 App. D. C. 304.) Note.—The question as to when real estate broker is.considered as the procuring cause of the sale or exchange affected is discussed in notes in 44 L.R.A. 321; 23 L.R.A.(N.S.) 164; and 27 L.R.A. (N.S.) 195.