Bearman v. Roland Park Realty Co.

Hammond, J., delivered the opinion of the Court. We are refereeing in this appeal a contest over one-half of a real estate commission between Smith, the individual appellee (a minister who doubles as a licensed broker) and Bearman, the appellant (a lawyer who occasionally earns ⁵¹⁷ such a commission under Art. 56, Sec. 212 (f) (6) of the Code of 1957). Roland Park Realty Co. was engaged by St. Mark’s Evangelical and Reformed Church in Baltimore to sell the church property. In due time sale was made to the Trinity African Methodist Episcopal Church, which was in the market because its church property was being taken over by the City of Baltimore in the course of a redevelopment program.

Roland Park agreed that one-half of the commission for the sale was due either Smith or Bearman as the procurer of the purchaser but, as it had from the first, continued to refuse to decide which of the two met that description. Each claimed the full half and, although below and in argument in this Court, Bearman offered to split the one-half share, Smith, while obviously recognizing that half a loaf is better than none, would not agree that the aphorism carried down to a quarter loaf. Smith sued Roland Park for one-half of the commission and Bearman intervened as a party plaintiff, making the same claim. Roland Park paid the one-half share into court under Maryland Rule 325 a, which provides that “* * * when two or more claims are joined in one action, any defendant may pay into a court a sum of money by way of compensation or amends for and on account of any or all of said claims.” Judge Mason, sitting without a jury, found for Smith on the testimony which is to be synopsized next, and Bearman appealed.

The record shows that on December 26, 1956, Smith called Roland Park and was told that “whenever he, or any other broker found an acceptable purchaser for the property, he would receive one-half of the commission which we would receive from the selling owner.” Rogers, Roland Park’s salesman, says that as a result of the call he met Smith at the church two days later, on December 28. Smith, according to Rogers, told him that he knew someone who would be interested, and made a telephone call to Bearman, who came to the church and in turn called the Rev. Isaac Miller, pastor of the Trinity African Methodist Episcopal Church. Rogers talked to Miller on the telephone and made an appointment to meet ⁵¹⁸ him and his trustees at the church. Thereafter, Rogers had no further contact with Bearman, only with Miller and Smith.

Miller or Smith would telephone him, or he would call one of them. His testimony, in speaking of the three of them, was: “We were all in contact continually, right on up until it was finally consummated.” Bearman’s connection with the matter was that he had been called on by