Hannan Real Estate Exch. v. Davis
| Decision Date | 01 April 1927 |
| Docket Number | No. 172.,172. |
| Parties | HANNAN REAL ESTATE EXCHANGE v. DAVIS. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Wayne County; Shepherd, Judge.
Action by the Hannan Real Estate Exchange against Clyde S. Davis. Judgment for plaintiff on directed verdict, and defendant brings error. Affirmed.
Argued before the Entire Bench.
E. W. Mulford, of Detroit, for appellant.
Monaghan, Crowley, Reilley & Kellogg, of Detroit, for appellee.
This is an action to recover compensation for procuring a purchaser of real estate. At the conclusion of proof both parties requested directed verdict. Verdict was directed for plaintiff and judgment entered thereon. Defendant brings error.
If the court's decision, both parties having requested directed verdict, is right in law, and supported by substantial evidence, the judgment must be affirmed. Funk v. Fidelity & Guaranty Co., 224 Mich. 95, 194 N. W. 515;Simpson v. Murphy, 229 Mich. 449, 201 N. W. 464;E. Clemens Horst Co. v. Dunn, 200 N. W. 954, 229 Mich. 56.
The writing evidencing the engagement is:
‘Hannan Real Estate Exchange: In the event you secure a purchaser for the above described property at the price stated, or at any other price and terms agreeable to me, I will pay you the Detroit real estate board commission of three per cent. (3%) of said price, and you are hereby authorized to put a ‘For Sale’ sign on said property and to remove all other signs.
‘[Signed] C. S. Davis.'
Another real estate agency intervening, plaintiff was not permitted to consummate a sale, and it was not required to do so. It did procure a purchaser who bought the property on terms satisfactory to defendant. This, according to West v. Newton, 229 Mich. 68, 201 N. W. 196, is ‘the controlling fact.’ The verdict has substantial evidential support. In both law and fact the case is ruled by West v. Newton, supra.
Judgment affirmed.
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Hemphill v. Orloff
...here that the case should have gone to the jury. The rule of this court is thus tersely stated by Mr. Justice Clark in Hannan Real Estate Exchange v. Davis, 213 N. W. 61 (handed down herewith): ‘If court's decision, both parties having requested directed verdict, is right in law, and suppor......
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McGuire v. Sinnett
... ... registered real estate broker of the state of Oregon, to act ... as ... Chadd, 166 Okl. 244, 27 P.2d 351; ... Hannan Real Estate Exchange v. Davis, 238 Mich. 257, ... 213 ... ...
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Advance Realty Co. v. Spanos
...The Michigan cases closest in point to the above appear to be: Brooks v. Leathers, 112 Mich. 463, 70 N.W. 1099; Hannan Real Estate Exchange v. Davis, 238 Mich. 257, 213 N.W. 61. In this latter case, the fact situation and holding are succinctly set forth, 238 Mich. on page 258, 213 N.W. on ......
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Barden v. A. Heller Sawdust Co.
...it is our duty to affirm if the court's decision is right in law and supported by substantial evidence. Hannan Real Estate Exchange v. Davis, 238 Mich. 257, 213 N. W. 61, and authorities there cited. Therefore the meritorious question before us is the right of an insolvent corporation to pu......