Miller v. Woodward

• Decision Date: 03 June 1930
• Citation: 234 Ky. 631
• Parties: Miller v. Woodward.
• Court: United States State Supreme Court — District of Kentucky

234 Ky. 631

Miller v. Woodward.

Court of Appeals of Kentucky.

Decided June 3, 1930.

1. Brokers. — Where contract gives broker exclusive right to sell during definite period, broker may recover commission, though owner sells property during period.

2. Brokers. — Petition for broker's commission held not demurrable, though not alleging broker notified owner he had secured purchaser, or that broker demanded owner make conveyance.

The petition set out the contract and alleged that in accordance with its terms and provisions, and within time specified, plaintiff procured purchaser ready, able, and willing to purchase farm to whom sale of it was made.

3. Brokers. — Where broker had exclusive right to sell during definite period, it was unnecessary to prove broker informed owner that purchaser was purchaser obtained by broker.

4. Brokers. — Whether broker procured purchaser ready, able, and willing to buy on terms and within time specified in contract held, under evidence, for jury.

5. Brokers. — Where broker had exclusive right to sell during definite period and showed purchaser land, actual bringing of parties together was not essential to recovery of commission on sale.

6. Brokers. — Broker could recover commission if by his efforts his principal and purchaser were brought together and sale resulted, though sale was concluded by principal.

7. Trial. — In broker's action for commission, words "procure and furnish" did not require definition by court.

8. Appeal and Error. — Appellant not requesting definition during trial could not complain on appeal that words were not defined.

9. Brokers. — In broker's action for commission, instruction it was incumbent on plaintiff to put owner in touch with any prospective purchaser held properly refused.

Appeal from Boone Circuit Court.

JOHN J. HOWE for appellant.

O.M. ROGERS and ROGERS & ROGERS for appellee.

OPINION OF THE COURT BY JUDGE CLAY.

Affirming.

W.W. Woodward brought this suit against George Miller to recover a real estate commission of $500. From a verdict and judgment in favor of Woodward, Miller appeals.

Plaintiff's evidence is as follows: Miller owned a 100-acre farm in Boone county which he desired to sell. During the Christmas holidays of 1927 Miller had some conversation with Woodward, who was in the real estate business, in regard to the sale of the farm. On December 28, John Goodpastor, a real estate broker, who sometimes worked in conjunction with Woodward, appeared at Woodward's place of business accompanied by Miss Mary A. Beerman, who desired to purchase a farm. Thereupon Woodward got in touch with Miller and told him that he had a prospective purchaser. Miller then executed a contract giving Woodward exclusive right to sell the farm for a period of 30 days. In the meantime Miss Beerman accompanied Goodpastor to the Miller farm and went through the house and examined the premises. Some time later Woodward appeared with the contract. Though Miss Beerman expressed herself as well pleased with the farm she declined to sign the contract, saying she desired to consult her brother-in-law, Fred Morris. Sam Blackburn, then a tenant on the farm, saw Miller three or four days later and told him what Miss Beerman had said. On January 16, 1928, Miller told M.H. Jones that he had sold his farm, but did not want anything said about it. About the middle of January Miller had a conversation with a Mr. Delahonty, also a real estate agent, during which he said that he made a mistake in listing the farm with Woodward for 30 days and ought not to pay any commission, for the reason that he had sold the place to Morris at the Florence fair. He added that Morris did not have the money to pay down on the bargain, but that "the women you have got hold of have got the dough." A few days after she was shown the farm, Miss Beerman got in touch with Fred Morris, her brother-in-law, and they concluded to buy the farm, if they could get it at the price stated in the contract, and that is the price they finally paid. Miss Beerman then called on Miller and began negotiations with him. On February 18, 1928, the property was conveyed to her and Fred Morris for the agreed consideration of $10,500, the price fixed in the contract between Miller and Woodward. The attorney who examined the title about the 15th of February stated that he had been employed about two weeks before that.

While on the stand Miller admitted having heard of Miss Beerman, but denied knowing her or having information that she was the purchaser furnished by Woodward. He also denied the alleged conversation between him and John Delahonty and Melvin Jones. Though he finally denied that Mr. Blackburn told him that Mr. Goodpastor had been out there with Miss Beerman, his first answers to the...