Delph & Son v. Wainscott
14 Ky.L.Rptr. 304
Superior Court of Kentucky 1892.
Filed Oct. 19, 1892.


As a rule a broker acting for both the vendor and purchaser, in effecting an exchange of property can receive compensation from neither, their interests being incompatible; but where the agent representing both parties does nothing more than to bring them together, and does not aid or assist either in the trade, he can receive compensation from both.

In this action by a firm of brokers to recover compensation for their services in effecting an exchange of defendant's property for the property of another, from whom they have already received compensation, the evidence fails wholly to establish the fact that plaintiffs acted as defendant's agent in any way, and a peremptory instruction to find for defendant was authorized.

Appeal from Fayette Court of Common Pleas. Opinion of the court by Presiding Judge Yost, affirming.
George Denny, jr., for appellants; Beauchamp & Allen for appellee. Ky.Super. 1892.

DELPH & SON v. WAINSCOTT.
14 Ky.L.Rptr. 304, 1892 WL 1392


     

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