Crockett v. Grayson

• Decision Date: 21 June 1900
• Court: Virginia Supreme Court
• Parties: CROCKETT. v. GRAYSON.

98 Va. 354

36 S.E. 477

CROCKETT.

v.GRAYSON.

Supreme Court of Appeals of Virginia.

June 21, 1900.

BROKER—SALES—COMMISSIONS.

1. Defendant agreed with plaintiff that if plaintiff could sell defendant's land he would give plaintiff all he obtained therefor over $11,000. Thereafter, through efforts of plaintiff, S. agreed with defendant to give him about $10,000 for the land, and pay liens on the property, which defendant represented amounted to $4,000, but S. reserved the right to declare the agreement void if the liens were of greater amount. They did exceed $4,000, and S. avoided the agreement. Held, that defendant was not liable to plaintiff for the difference between $11,000 and $14,000.

2. Defendant could not be held liable to plaintiff for the difference on the ground that the sale was lost through a misrepresentation of the vendor, as defendant's representation as to the liens did not damage plaintiff, since, if not made, S. would not have made the agreement.

Error to circuit court, Bland county.

Action by J. R. Crockett against Charles Grayson. From a judgment in favor of defendant, plaintiff brings error. Affirmed.

J. H. Fulton and J. J. A. Powell, for plaintiff in error.

S. W. Williams and F. Kegley, for defendant in error.

KEITH, P. The defendant in error, wishing to dispose of a tract of land lying in Bland county, entered into a contract with the plaintiff in error as follows:

"This contract, made and entered into between Charley Grayson of the first part and J. R. Crockett of the second part, is that J. R. Crockett is to have all, over and above eleven thousand dollars, he can sell seven hundred acres of the said Grayson's farm, including al?of the cleared land, and balance of the seven hundred acres is timbered land adjoining the cleared land. Witness my hand and seal this April 22d, 1896. Charles Grayson. [Seal.]"

Acting under this authority, Crockett entered into a negotiation with William H. Spiller, which resulted in an agreement between Grayson and Spiller, in which the latter agreed to purchase 700 acres of land from Grayson, with the buildings, improvements, and growing crop of hay thereon, and to pay for the same the sum of $14,000, as follows: About $10,000 to be paid by Spiller in property belonging to him in the town of Wytheville, and certain notes due to him secured upon real estate; and the contract then provides "that the said W. H. Spiller is to assume for payment for said Grayson the sum of four thousand dollars, which the said Grayson represents as being the whole amount of the liens against the said property hereby sold the said Spiller, and which said sum the said Grayson states will give a clear title to the land hereby sold; but if the amount of liens, by judgment or otherwise, against the said Grayson, exceeds the sum of four thousand dollars, then the said Spiller is at liberty to declare this agreement null and void."

This contract was duly executed by Grayson and Spiller. When the attorney for Spiller came to examine the title, it was ascertained that the liens upon Grayson's land amounted to more than $40,000; and thereupon Spiller exercised the right which he had reserved to himself under his contract, and declared the agreement entered into with Grayson null and void. Crockett brought suit upon his covenant with Grayson to recover the compensation to which he conceived himself to be entitled. He demands in his declaration the sum of $3,000, being the amount in excess of $11,000 which Spiller had agreed to pay. There was a verdict and judgment for the defendant, and the case is before us upon a writ of error.

There is no question here as to Crockett having been employéd to make the sale, nor as to...