Melville Fuller

“ Woodlief, 20 How. 221, 15 L. ed. 884, it was laid down that in order to be entitled to commission 'the broker must complete to sale; that is, he must find a purchaser in a situation and ready and willing to complete the purchase on the terms agreed on.' But this rule is inapplicable when the owner refuses, without sufficient reasons, to fulfil the agreement which the agent has made. ”

“ Nevertheless, up to the first of April, 1900, if Wilfley had availed himself of the terms of the escrow agreement, the sale might have been completed and Crowe have been entitled to his commission; but Wilfley did not do so, and the deed held in escrow was returned in accordance with the terms of that agreement.
There is no legal basis for the imputation of bad faith, and it is not pretended that Crowe was employed by Trickey or rendered any service to him in the matter of the sale. ”

“ The minute entries show that only two witnesses, Crowe and Trickey, administrator, were examined before the court, and their testimony is given in narrative form in the bill of exceptions, as well as the testimony of Wilfley and Gee. The minute entries, in speaking of the introduction of 'documentary evidence,' were manifestly intended to embrace depositions in that term. There is no room for presuming that any evidence was omitted, and the points to which the evidence adduced was addressed preclude such a suggestion. ”

“ Therefore, if the said Arthur R. Wilfley shall pay or cause to be paid the sum of money above mentioned, at or before the time aforesaid, you will then deliver the said deed to the said A. R. Wilfley, his agent or assigns. Otherwise the said deed is to be held subject to the order of the said N. H. Chapin and Jerry Neville. ”