Johnson v. Knowles

Hart, J., (after stating the facts). Counsel for the plaintiff seeks to uphold the .judgment on the authority of Scott v. Patterson, 53 Ark. 49, where it was held that if a real estate agent employed to sell land introduces a purchaser to the seller, and through such introduction a sale is effected, he is entitled to his commissions, though the sale is made by the owner. We do not think that the plaintiff’s own testimony brings the present case within .the principles of law decided in the case cited. The «ale in the present suit did not result from any act or course of conduct whatever of the plaintiff. According to her own testimony, she showed the house in question to Mrs. Smith, and the latter declined to purchase it because it had a west front. The plaintiff failed to sell Mrs. 'Smith a house across the street with an east front, because they could not agree on taking in exchange some property which Mrs. Smith owned in Oklahoma. Then the transaction so far as the plaintiff was concerned ended. Two or three months later Mrs. Smith rented from Johnson the property in question, and after she had lived in it for about a month she entered into negotiations with Johnson which led to the purchase of the property by her. It is true.that, according to the testimony of the plaintiff, the property was still listed with her, but she had nothing whatever to do with making the sale. It may be that after Mrs. Smith had lived in a house with a west front for a while her objection to that kind of a house was removed; but, 'be that as it may, she had definitely declined to purchase the property when it was shown to hér by the plaintiff, and the matter was' closed, so far as the plaintiff was concerned. ■ Thqre is nothing in the record tending to show- that the .subsequent purchase by Mrs;. Smith from .Johnson himself was for the purpose 'of .preventing Mrs. Knowles from receiving commissions, or that Mrs. Knowles was in any manner whatever interested in' making the sale. Her part in trying to sell one of J ohnson’s houses to Mrs. Smith was ended, and there is no rule of law .which would prevent Mrs. Smith from subsequently purchasing- a house from Johnson on her own account.- If follows that the court erred, in not instructing a verdict for the defendant as requested by -him, and, inasmuch: as the case seems to have. been.fully developed, no useful purpose could be served by remanding it for -a new. trial. It follows that the judgment will be.reversed, and the cause of action dismissed here.