
    No. 610
    LAND v. SCHROEDER
    Ohio Appeals, Ninth District
    No. 625.
    May 4, 1923
    This opinion has not been published except in Abstract.
    REAL ESTATE COMMISSION — Contract to pay real estate agent a commission if property is “sold” by him does not require actual sale but only procurement of a bona fide purchaser who is ready to buy.
    Attorneys — Lee J. Myers,1 for Land; Musser, Kimber & Huffman, for Schroeder. '
   PARDEE, J.

Epitomized Opinion

Action for commission for selling real estate under a written agreement signed by defendant which provided in part:

“If said property is sold before the expiration of this agreement . . . to any person with whom you have had negotiations, I agree to pay . . .”

Plaintiffs alleged that they sold said property to M. for the price and upon the terms specified in said contract and received from said M. $500 as deposit on the purchase price, but defendant refused to complete the sale. The trial court directed a verdict for defendant, taking the view that under the contract it was necessary for plaintiffs to prove that they had made a valid sale and that defendant was not under any obligation to pay unless a sale was actually made. Error was pro'se-cuted to this court. Held:

Under the terms of this contract all plaintiffs had tol do was to procure a bona fide purchaser who was ready, able and willing-to buy said property for the price and upon the terms mentioned in said contract. This the evidence tended to prove. Judgment of Common Pleas reversed.  