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Contracts-Broker's Listing Agreement-Effect Of Lease Of Property By Owner, C. E. Becraft

Michigan Law Review

Plaintiff, a broker, procured from defendant a listing agreement for the sale of defendant's property. Plaintiff produced a purchaser, ready, willing, and able to purchase the property, but defendant refused to convey inasmuch as he had leased the property after giving the listing agreement. The lessee refused to cancel the lease for less than $3,000. Plaintiff brought an action to recover his commission and defendant disclaimed liability as the execution of the lease was known to plaintiff and to the prospective purchaser before the offer to purchase was made. Held, defendant could not alter the plaintiff's rights by placing …