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Skaggs v. Flurry
Citations: 1960 Ark. LEXIS 262; 231 Ark. 494; 330 S.W.2d 713Docket: 5-2024
Court: Supreme Court of Arkansas; January 11, 1960; Arkansas; State Supreme Court
An appeal was brought by A. I. Skaggs against a judgment from the Boone County Circuit Court in favor of Ira F. Flurry, who was awarded $300 in commission for the sale of property in Boone County. Skaggs contended that Flurry did not earn the commission because he failed to secure a written agreement between the buyer, Herbert Nelson, and the seller before the down payment was made. Flurry had been employed by Skaggs under an oral agreement that was disputed by both parties. Flurry claimed he would manage the transaction until earnest money was received, after which Skaggs would finalize the deal, while Skaggs asserted that Flurry needed to negotiate all sale terms before Skaggs would take over. Flurry showed Nelson the property in February 1957, but no sale occurred at that time. In August, Nelson offered $12,000 and submitted a $500 earnest money check, which was not accepted by the property owner. Nelson later signed an agreement with Skaggs in September. Flurry argued he was entitled to a commission based on his role in the transaction, while Skaggs maintained Flurry had not sufficiently progressed the sale. The court determined two key issues for the jury: the terms of the oral contract and whether Flurry's actions constituted adequate performance for a commission claim. The jury found sufficient evidence to support Flurry's version of the agreement, concluding that his actions met the contractual obligations upon receipt of the earnest money check. The jury's verdict was based on a commission of $375, with Skaggs admitting to a separate claim of $250. The sale price of the property was $15,000. The appellate court affirmed the lower court's decision.