Brezina v. Hill
| Decision Date | 26 February 1976 |
| Docket Number | No. 40235,40235 |
| Citation | 195 Neb. 481,238 N.W.2d 903 |
| Parties | Robert BREZINA, Appellant, v. Everett J. HILL, as Agent for the Hattie Hill Estate, et al., Appellees. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. When an owner lists his property with a business broker for sale, it is generally understood that the broker's duties are merely to find a customer. A listing by the owner does not constitute an offer to any third party, but is merely an employment contract between owner and broker.
2. To the extent that Seberger v. Wood (1921), 106 Neb. 272, 183 N.W. 363, may permit a broker to sign a sales agreement for the owner without express authorization, it is hereby overruled.
3. If the parties intend that an agent shall have authority to execute a sales contract, it should be expressly so stated. It should not be left to the construction of vague statements or ambiguous circumstances. The authorization should be specifically spelled out in a definite written statement.
Johnston, Grossman & Johnston, Terry K. Barber, Lincoln, for appellant.
Edward Asche, Schuyler, William L. Walker, Earl Ludlam, Lincoln, Edgar V. Thomas, David City, for appellees.
Heard before WHITE, C.J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.
In this equity action the trial court granted judgment on the pleadings to the defendants, Everett J. Hill, as agent for the Hattie Hill Estate, Everett J. Hill, Alice M. Staggs and Abel L. Fisher. The question involved is whether the petition sufficiently alleged authority by a broker to enter into a binding contract for the sale of real estate on behalf of the owners of said real estate. We affirm.
Everett J. Hill, as agent for the Hattie Hill Estate, signed a listing contract with Grubaugh Bros., a real estate agency, under which certain farm ground owned by the Hill estate was to be offered for sale. The contract read, so far as is pertinent, as follows:
'IN CONSIDERATION of your agreement to list, and to offer for sale the property hereinafter described and to use your efforts to find a purchaser, I hereby give you the sole and exclusive right until July 24, 1974 to sell (the farm property) * *
'I agree to pay you a cash commission of 3% Percent of the gross sale price, said commission to be payable on the happening of any one or more of the following events, to wit:
'If a sale is made, or a purchaser found, who is ready, willing and able to purchase the property before the expiration of this listing, By you, myself, or any other person, at the above price and terms or for any other price and terms I may agree to accept, or if this agreement is revoked or violated by me, * * *.' (Italics supplied.)
Grubaugh Bros. advertised the farm in local newspapers and during the period of the agreement signed an agreement for the sale of the property. The contract of sale was signed 'Everett Hill, Agent, by Dick Grubaugh,' and by the plaintiff. Defendants refused to consummate the sale and this action for specific performance ensued.
Section 36--105, R.R.S.1943, provides: 'Every contract for the leasing for a longer period than one year, or for the sale of any lands, shall be void unless the contract or some note or memorandum thereof be in writing and signed by the party by whom the lease or sale is to be made.'
Section 36--409, R.R.S.1943, provides: 'Every instrument required by any of the provisions of sections 36--101 to 36--106, 36--201, 36--202, 36--204 to 36--206, 36--301, 36--303, and 36--401 to 36--409 to be subscribed by the party, may be subscribed by his agent thereunto authorized by writing.'
In Gould v. Rockwell (1921), 105 Neb. 724, 181 N.W. 655, this court said: ...
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Fleming Realty & Ins., Inc. v. Evans, 41161
...specifically agreed upon, to enter into a binding contract of sale, on behalf of the seller, with the purchaser. See, Brezina v. Hill, 195 Neb. 481, 238 N.W.2d 903 (1976); Preisendorf v. Jenkins, 193 Neb. 611, 228 N.W.2d 591 (1975); Gould v. Rockwell, 105 Neb. 724, 181 N.W. 655 The fact, ho......
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