(Download) "Roscow v. Bara" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Roscow v. Bara
- Author : Supreme Court of Montana
- Release Date : January 05, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Brokers ? Recovery of Commission ? Procuring of Purchaser for Placer Mining Ground ? Prospective Purchaser entering into Contract of Lease with Owner ? Broker not Entitled to Commission under Facts ? Statute of Frauds. Brokers ? Real Property ? When Broker not Entitled to Commission. 1. Where a broker contracts with the owner of real property to procure a purchaser therefor at a named amount, the owner agreeing that the broker shall be entitled to a stipulated commission if he shall sell the land to such purchaser, the words "procure a purchaser" must be held to mean a person who will buy the property, and if he (the broker) fails in that respect he, as a general rule, is not entitled to the commission, irrespective of how great his efforts were or how meritorious his services. Same ? Placer Mining Property ? Prospective Purchaser Entering into - Page 247 Leasing Agreement with Owner ? Facts under which Broker not Entitled to Commission. 2. Where an attorney, acting in the capacity of a real estate broker, undertook to procure a purchaser of placer mining property embracing some 2,100 acres of land for not less than $100,000 on a 10% per cent. commission basis, but his efforts resulted only in finding a prospective purchaser ? a dredging company, which entered into a ten-year lease and option to purchase, which however, was terminated after two years by mutual consent, a straight lease taking its place, the lessee working the ground and paying royalties to the owner, the broker properly held by the trial court not entitled to recover the commission, as he would have been if the option to purchase had been exercised. Same ? Statute of Frauds ? Brokers contract and Subsequent Modification Required to be in Writing. 3. Under section 7519, Revised Codes, mandatory in character, a brokers contract for the sale of real property, as well as any subsequent modification thereof, must be in writing; hence a claim that the written contract was modified by parol may not be sustained. Same ? Sale of Part of Property ? Broker not Entitled to Commission on Part Sold. 4. A broker, authorized to sell an entire tract of land, who procures a purchaser for a part of it, is not entitled, either on the contract or on a quantum meruit, to compensation for the part sold. Same ? Prospective Purchaser Entering into Lease for Dredging Operations Instead of Contract of Sale ? Reasons why Brokers Contract not Fulfilled. 5. Contention of plaintiff broker that mineral in place (placer gold) is land, that the right to extract and dispose of it under a lease amounts to its sale as land, and that therefore when he procured a prospective purchaser under the facts set forth in paragraph 2, supra, who obtained a lease from the owner and commenced dredging operations, his obligation to procure a purchaser was fulfilled, may not be held meritorious, when viewed in the light of the recital in the brokers contract that the owner was delirious of selling the "Washington Bar Placer Ranch" consisting of 2100 acres, or as consonant with the idea that all the parties intended to accomplish by the contract was to sell the mineral in the ground under the lease agreement.