The Washington times., 1894-10-13
s. H. HINES,
BAD FOR THE BROKERS.
Real Estate Men Affected by Decision Of
the Court OF Appeals Conserving the
Collection Of Commissions


By a decision Of the court Of appeals, rem
dered yesterday, real estate broker cannot
collect a commission if the reason for the
purchaser failing TO eomplete the trade IS
simply that the title IS mot marketable
The opinion was by Judge Shepard, and the
ease that of SiGmund $. Block. Of Block &
Yoder, against James T.. RyOn, the broker, OF
No. 327 A street northeast. Block sought to
collect his commission Of $500 Tor the sale OF
some eI3. .s25 worth Of property for Ryon to
Wilhal Warren. but in Judge Bradleys
court the orse was decided against him.
The evidence showed that Ryon had en-
pIoyed Block 20 find a purchaser William
Warren entered into an agreement TO take tne
property provided the title was good, and de-
posted forfeit Of Sl00. He had the title ex-
anined by the Columbia Title Company, and
they reported there was good ''possessOry
title Ut quit claim deed from ]. ". Wall
Ter was necessary TO make it perfect OF
record. ThereupOn 1t was required OF War
ren that he add TO the agreed first payment Of
SS25 whatever sun Walter might ask for
quit claimgdsed, the amount tl be deducted
from the payment of S13, 900. Warren refused
to agree to this and the trade fell through.
The court OF appeals afirms the decision
against Blocks claim for ais commission. bur
saws the principle is well settled that broker
has earned his Smoney when q purchaser IS
sec red and cannots be refused payment when
the trade fails by some fault Of the seller or
real defect N the title But in this case the
evidence does not show that the title was not
good
I'VE do not understand - says Judge Shep-
ard for the court. 'tnat by good title Is
necessarily meant one perfect OF record II
by common usage in the business OF buying
and selling lands in the city OF Washington,
this has become the meaning Of the term as
used in contracts similar to the one made in
this case, there is nothing in the record to
show IT, If. therefore, the title was actually
good and did not need the quit claim deed OF
Walter for aught else than to exhibit upon the
record title already indefeasible, the obiec-
tion raised by the purchaser, Warren, was 10
gally indefensible
"Under the report OF the title company,
we think it was incumbent upon the plaintiff
to show that the title was not good without
release of the outstanding title or claim OF
the said Walter. and thafthis alone prevented
the completion OF the sale, in order to bring
himself within the rule above laid down. This
ne failed to do. It is true he introduced evi-.
dence to show that the title was unmarked
able. This WIS not sufficient In the ao-
sence of proof of what may be meant or un-
derstood by 'unmarketable title, II, indeed, ls
have any special or technical meaning at all,
we cannot hold 1t TO be the equivalent OF
bad title
"a good title may be 'unmarketable'
/ ordinary purchasers might be deferred from
/ buying by reason of some circumstance or
| irreguIarity attending it. On the evidence We
| think if Warren's contract for purchase had
/ been absolute he could not have escaped
| liability in sn action for damages for his re-
/ fusal to complete the purchase The contract,
| however. was not absolute. By its terms the
/ purchaser had an option to make full settle
| ment. in accordance with the terms Of sale,
/ within thirty days or forfeit S100.
( There is no evidence of record to show
/ whether the deposit was forfeited.
| Under such a contract as this. made by the
broker himself, can it be said he has found a
purchaser TIL the option shall have been ex-
ereised and the purchase completed? We
/ think not"
The opinion closed by stating that Judge
Bradley was right in refusing Instructions
| asked by the broker, that the broker was en-
/ titled TO his commission when the neSOrla-
tions terminated IL the agreement the same
as il the sale had been completed.
Charles O. Tucker represent ed the appellant
and Henry E. Davis the appel.