Greene v. Owings

Decision Date04 June 1897
PartiesGREENE v. OWINGS et al.
CourtKentucky Court of Appeals

Appeal from circuit court, Fayette county.

"Not to be officially reported."

Action by H. D. Owings and others against F. M. Greene to recover commissions for securing a purchaser of land. Verdict and judgment for plaintiffs, and defendant appeals. Reversed.

George B. Kinkead, for appellant.

Bronston & Allen and S.E. Hill, for appellees.

LEWIS C.J.

Appellees partners doing business as real-estate agents and brokers at Lexington, stated in their original petition that appellant in 1893 employed them to sell his farm in Fayette county, or to find him a purchaser therefor, for which he agreed to pay them a sum equal to 2 per cent. on the purchase price; that they found a purchaser, in the person of Beatie Speer, who agreed to pay the price that appellant agreed to accept, viz $11,000; and the sale was consummated and land conveyed to Speer. The judgment, therefore, prayed was $220, being 2 per cent. of the purchase price. To the petition a general demurrer was sustained, as ought to have been done, because no definite and certain, but only an alternative, agreement was alleged to have been made. Thereupon an amended petition was filed containing the statement that appellees were employed simply to secure a purchaser of said farm, for which service they were to be paid 2 per cent. on the purchase price. In his answer appellant admits he finally sold the farm to Speer at the price mentioned, but denies he employed or agreed to pay appellees to simply find a purchaser of the farm; but the stipulated commission was to be paid only in the event they brought about a sale at a price and upon terms satisfactory to him. He furthermore denies they did find a purchaser, or that Speer was induced by them to pay the price which appellant was willing to take. Upon the trial the following, and only, instruction was given by the lower court: "If the jury believe, from the evidence, that the plaintiffs were employed by the defendant to sell for the defendant the defendant's farm, or to secure for the defendant a purchaser for his said farm, and shall further believe that, through the efforts of the plaintiffs, B. R Speer was secured as a purchaser for, and did purchase, said farm, the jury should find for the plaintiffs; and, unless they should so believe, then they should find for the defendant." Though appellant requested it done,...

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4 cases
  • Cooper v. Upton
    • United States
    • West Virginia Supreme Court
    • November 27, 1909
    ...W. 594; Forrester v. Price, 6 Misc. Rep. 308, 20 N. Y. Supp. 799; 23 Am. & Eng. Enc. Law, 915, 916; 19 Cyc. 240-242; Greene v. Owings, 41 S. W. 264, 19 Ky. Law Rep. 580; Weibler v. Cook (Sup.) 78 N. Y. Supp. 1029; 5 Current Law, 449-451. If the final negotiation resulting in a sale was carr......
  • Cooper v. Upton
    • United States
    • West Virginia Supreme Court
    • November 27, 1906
    ...87 S.W. 594; Forrester v. Price, 6 Misc. Rep. 308, 26 N.Y.S. 799; 23 Am. & Eng. Enc. Law, 915, 916; 19 Cyc. 240-242; Greene v. Owings, 41 S.W. 264, 19 Ky. Law Rep. 580; Weibler v. Cook (Sup.) 78 N.Y.S. 1029; 5 Law, 449-451. If the final negotiation resulting in a sale was carried on by the ......
  • Hearne v. Dunn
    • United States
    • Kentucky Court of Appeals
    • October 7, 1915
    ...but we give little importance to that fact, because it had no part in bringing Watson and Hearne together. In Greene v. Owings, 41 S.W. 264, 19 Ky. Law Rep. 580, said: "To entitle a real estate agent to compensation from a person having property for sale, something more is ordinarily necess......
  • Taylor v. Fitzsimmons
    • United States
    • Kentucky Court of Appeals
    • June 5, 1897

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