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Contracts Keyed to Marshall
Thorpe v. Carte
Citation:
250 A.2d 618 (1969)Facts
Bernard C. Thorpe, a contractor, and his wife, the appellants, owned a tract of land in Montgomery County which they desired to sell. Holmead, Frey and Associates had furnished Thorpe engineering and surveying services. Mr. Frey of that firm told Thorpe he thought he could find a buyer from a group he knew who “had been in it big” and Thorpe told him to “go ahead.” Frey, who was unlicensed as a real estate salesman or broker, brought Eisenstadt, a licensed salesman and an employee of the appellee Ross J. Carte., a licensed broker, who trades as the Ross J. Carte Real Estate Co., to meet Thorpe. As a result, on 1965, Thorpe gave Carte an exclusive listing agreement which provided for a commission of 6% to Carte. Four days later Thorpe executed a contract to sell his property which was executed also by the purchaser and by Eisenstadt on behalf of Carte. The contract in the part here pertinent provided: “The Sellers recognize Ross J. Carte Real Estate Co. -65% & Holmead, Frey & Assoc. -35% as the Agent negotiating this Contract and agree to pay 6% commission for services rendered.” The sale was not consummated because Thorpe had agreed in the contract that it was to depend on his having certain covenants restricting building on the property removed and he was unsuccessful in his efforts in court to remove them.
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Defenses to Formation