Conley v. Brummit

Decision Date01 July 1931
Docket Number14,161
Citation176 N.E. 880,92 Ind.App. 620
PartiesCONLEY v. BRUMMIT ET AL
CourtIndiana Appellate Court

From Marion Municipal Court (16,752); Harvey A. Grabill, Special Judge.

Action by Morris E. Conley against Leslie E. Brummit and others trustees of the Broad Ripple Christian Church. From a judgment for defendants, the plaintiff appealed.

Affirmed.

John F Linder and Harry F. Pavey, for appellant.

Johnson & Zechiel, for appellees.

OPINION

LOCKYEAR, J.

This was an action brought by appellant against the appellees on a contract for commission for services in selling real estate under the following contract to wit:

"Indianapolis, Indiana, March 14, 1928.

"For and in consideration of the sum of one and no/100 Dollars, the receipt of which is hereby acknowledged, I hereby grant and give to Morris E. Conly of the City of Indianapolis, Indiana, and his assigns, the sole and exclusive right and option for the period of thirty days from this date, to sell for us the following described real estate in Marion County, Indiana, to wit: Lot No. 7 in J. S. Mustard's Broad Ripple Add. at and upon the following terms and conditions, to wit: Thirty-six hundred and seventy-five dollars ($ 3,675) cash. One hundred and seventy-five dollars ($ 175) of said consideration to be deducted and paid to Morris E. Conly [and] any purchaser under this option is hereby authorized and directed to deduct one hundred and seventy-five dollars from the amount due us and pay to Morris E. Conly for his services.

"In the event that this option is exercised within said time, I obligate myself to furnish a full and complete abstract of title to said real estate, exhibiting in me a good and indefeasible estate in fee simple, free and clear of encumbrance except taxes for the year 1928 payable in 1929 and to execute and deliver a general warranty deed in fee simple for said premises, contemporaneous with the payment of said purchase price, subject to the following encumbrances: Barrett Law assessment for sewer in alley. This option to be effective must be exercised in writing endorsed thereon, and by a written notice addressed and mailed to me at the following address, c/o L. W. Brummit, Mail Press, and in the event the same is so exercised, I agree to furnish said abstract and to tender said deed within days from the date said option is exercised.

"Broad Ripple Christian Church

"George W. Hawkins, Trustee

"Arthur B. Cravens, Trustee

"L. W. Brummit, Trustee."

Appellant alleges in his complaint that he did, on a later date, and within the time fixed by the contract, find a purchaser who was ready, willing and able to purchase said property on the terms and conditions aforesaid, and he notified the appellees thereof. That the appellees thereafter sold said property to the parties that the appellant introduced to them, but they failed and refused to carry out the contract and failed and refused to pay appellant the sum of $ 175 which they agreed to pay, for which amount he prays judgment.

The appellees filed an answer in general denial to the complaint. There was a trial and finding for appellees. The error assigned is the overruling of appellant's motion for a new trial, which was on the grounds that the decision of the court is not sustained by sufficient evidence and is contrary to law.

Appellant introduced in evidence a written proposition from the Board of School Commissioners of Indianapolis as follows: "Mr. Morris E. Conly, Agent. The Board of School Commissioners of the City of Indianapolis, Indiana, hereby agrees to purchase from the owner, or through you his agent, the property known as Lot Number Seven (7) in J. S. Mustard's Broad Ripple Add. in Marion County, in the State of Indiana, now located in the City of Indianapolis, Marion County, Indiana. The purchase price of said property to be the sum of Thirty-nine Hundred ($ 3,900) Dollars, upon the following terms, viz.: All Cash. Cash to be paid upon the delivery of a good and sufficient warranty deed, as and when bonds be sold by said board with the approval of the Board of Tax Commissioners of the State of Indiana, to purchase said before-described real estate. The matter of the issuance of said bonds is now pending before said State Board of Tax Commissioners, and said real estate [is] to be paid for out of the proceeds of the sale of said issue of bonds when authorized by said state Board of Tax Commissioners. Complete possession to be given upon the delivery of the deed, said real estate to be conveyed to said Board of School Commissioners free and clear of all liens including taxes. Said Board of School Commissioners, after the approval of said issue of bonds, to be furnished, free of charge, as soon as the same can be prepared, a complete abstract, certified to date, showing a merchantable title to above described real estate or a policy of title insurance guaranteeing the title to above real estate for the full amount of the purchase price.

"This proposition to be binding on said board must be...

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3 cases
  • Armour v. City of India
    • United States
    • United States Supreme Court
    • June 4, 2012
    ...36 –9–37–9(b), –22.For several decades, Indianapolis used the Barrett Law system to fund sewer projects. See, e.g., Conley v. Brummit, 92 Ind.App. 620, 621, 176 N.E. 880, 881 (1931) (in banc). But in 2005, the City adopted a new system, called the Septic Tank Elimination Program (STEP), whi......
  • Armour v. City of India
    • United States
    • United States Supreme Court
    • June 4, 2012
    ...36 –9–37–9(b), – 22.For several decades, Indianapolis used the Barrett Law system to fund sewer projects. See, e.g., Conley v. Brummit, 92 Ind.App. 620, 621, 176 N.E. 880, 881 (1931) (in banc). But in 2005, the City adopted a new system, called the Septic Tank Elimination Program (STEP), wh......
  • Conley v. Brummit , 14161.
    • United States
    • Court of Appeals of Indiana
    • July 1, 1931

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