Page:United States Reports, Volume 209.djvu/263

 DOTSON v. MILLIKEN. Opinion of the Court. DOTSON v. MILLIKEN. ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. A broker emrloyed to sell land ubject to & requirement of the purchaser which the vendor declare will be complied with is entitled to his com- mi/on if the zale falls through solely because the vendor'8 represent- t/one are inaccurate. The fact that' the particular portion of a tract of land for which a broker finds a putcheer in accordance with the vendor'8 offer cannot be identified does not defeat the broker's claim for commimions if the sale falls.through entirely for other remsonz for which the vendor waz exclu- sively respone/hie. 27 AppJ D.C. /00, affirmed. facts are stated in the opinion. Mr. R. Burnham Mo#at and Mr. A. S. Worthington, for plaintiff in error. �Mr. J. J. Darlington for defendant in error. MR. JUSTICE HOLMES delivered the opinion of the court. acres of coal land belonging to the defendant, the plaintiff in error, for which, although not sold, the defendant in error, the plaintiff, says that he furnished a purchaser, satisfying the terms of the understanding on which he was employed. The errors alleged and now insisted upon are the giving of an in- stmction requested by the plaintiff and refusing one asked by the defendant. To explain them it will be necessary to give a summary of the evidence, or part of it. Relations between the parties were opened by a letter from the defendant, written on April 24, 1902, at the request of a

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