Jones v. Adler

Robinson, J., delivered the opinion of the Court. This suit was brought by the appellee to recover broker’s commissions from the appellant, for the sale of certain property. situate in the city of Baltimore. At the trial below, the appellee offered evidence tending to prove that he was employed by the appellant to sell the property in question, and that through his agency negotiations were begun, and the sale finally effected. Whatever may have been the conflict in the testimony, if the jury believed these facts, the appellee was entitled to his commissions; and his services being rendered at the instance and by the request of the appellant, the personal liability of the latter was wholly unaffected by the question, as to whether he held the legal title of the property beneficially, or in trust for his wife.

The Court was right therefore in granting the appellee’s first prayer, and in rejecting the appellant’s. By the second prayer of the appellant, the plaintiff’s right to recover was based upon the finding by the jury of a special contract to sell the house at fourteen thousand dollars, and that ⁴⁴³ it was sold at such price. Where there is a special contract, by the terms of which the broker is not to be paid commissions unless he sells the property at a specified price, the sale by him at such a price is a condition precedent to his right to compensation, unless pending the negotiations, and whilst his agency remains unrevoked, the owner consents to a sale for a sum other than originally agreed upon. In this case then, although by the terms of the original contract, the appellee was not to receive commissions unless he sold the house for sixteen thousand dollars, yet, if pending the negotiations, the appellant and his wife agreed to take fourteen thousand dollars, and the sale was made through the agency of the appellee at that price he