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Keywords

contracttrialbinding agreement

contractbinding agreement

Related Cases

Jones v. Best, 134 Wash.2d 232, 950 P.2d 1

Facts

John Paul Jones, a licensed real estate agent, entered into a one-year exclusive listing agreement with Peter C. Best to sell a 96-acre orchard for $800,000, with a commission of five percent. After Best accepted an offer of $740,000, Jones suggested he would take $18,000 and have the remainder paid to another realtor, Nordberg. Following the sale, Best denied owing Jones the full commission, leading to a legal dispute over the commission amount.

Issue

Did John Paul Jones waive his right to the full commission, and was there a valid modification of the original listing agreement?

Rule

A waiver is the intentional relinquishment of a known right, and mutual modification of a contract requires a meeting of the minds.

Analysis

The court found that there was no agreement or promise made by Jones to accept a reduced commission, as the conversation between Jones and Best did not constitute a binding agreement. The trial court's findings indicated that Best hoped for a reduced commission but did not agree to it, and thus, the original contract terms remained in effect.

The court found that there was no agreement or promise made by Jones to accept a reduced commission, as the conversation between Jones and Best did not constitute a binding agreement.

Conclusion

The Supreme Court concluded that Jones was entitled to his full commission of $37,000 under the original listing agreement, as there was no valid modification or waiver of his rights.

Who won?

John Paul Jones prevailed in the case, as the Supreme Court ruled that he was entitled to the full commission based on the original agreement.

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