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Antle v. Haas

June 20, 1952

ANTLE
v.
HAAS ET AL.



Stewart

STEWART, Justice. This suit was instituted by plaintiff, Herman G. Antle, to establish a constructive trust growing out of an alleged contract of agency and to compel defendants, Joseph Haas, Mary L. Haas, his wife, and R. J. Haas, his son, under such contract, to convey three unimproved lots in Louisville to plaintiff. The Chancellor dismissed the cause of action and plaintiff appeals.

The three parcels of land involved in this litigation for the purpose of identification may be described as follows: Parcel 'A' being 55 A 223 feet on South Bicknell Avenue 30 feet east of Taylor Boulevard. Parcel 'B' being 40 A 103 feet fronting on an alley in the rear of 1214 Bicknell Avenue. Parcel 'C' being 30 A 223 feet on the southeast corner of Bicknell Avenue and Taylor Boulevard.

Appellant saw the 'for sale' sign of appellee, Joseph Haas, hereinafter referred to as 'Joseph', a real estate broker, located on the above lots, and called on him March 21, 1947, for the purpose of buying the three parcels of land. Joseph told appellant the three lots were listed with him for sale and that the total purchase price for them was $2,500. A writing was then executed and we set forth its pertinent provisions, to wit:

'Louisville, Ky. March 21, 1949.

'Joseph Haas

'Thru you as agent, I will give for the following described property in Louisville, Kentucky 55 A 223 feet, 30 A 223 ft. corner lot and 103 A 40 feet lot rear 55 feet East of the 55 foot lot facing Bicknell, located between Taylor Blvd and Peachtree Streets, with all improvements thereon and known as No. ___, the sum of ($2500.00) Twenty-five Hundred Dollars, payable as follows:

'All Cash on Date of Deed

'This lot is facing Bicknell St. Both 85 A 223 feet more or less & South East lot is facing the alley

'1946 and assessed State & County taxes and City taxes to be paid in 1948

'It may take some extra time to locate the Jones family

'Possession to be given on Date of Deed

'As evidence of good faith binding this contract, a deposit of $100.00 is to be applied on purchase price upon delivery of deed or refunded should title prove uninsurable or if this offer is not accepted.

'Seller is to pay the regular commission prescribed by the Louisville Real Estate Board. In the event this contract covers an exchange of properties, the owner of each piece of property involved agrees to pay the regular real estate commission, ...


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