Leventritt v. Cowell

Brokers—Commissioners Dependent upon Acts op Principal.—Although a broker is entitled to his commissions when he has produced a purchaser upon the terms stated in the contract and within the time limited, he may so contract as to make his compensation depend upon contingencies which his own efforts cannot control, even though such contingencies relate to acts of his principal.

Id.—Procuring Tenant—-Destruction op Building Before Completion.—Where a broker is employed to obtain a tenant for a building to be erected, and the contract provides for the payment of his commission “upon the signing of this lease,” no' commissions are earned until the signing of' a valid lease, unless the failure to secure such signing results from the fault of the principal; and if a tenant is procured who merely signs a contract for a lease to be executed in the future, and the building is burned before completion and before the signing of the lease, the broker is not entitled to commissions.

Contract—Construction—Subject Matter.-—A contract must be construed with reference to the subject matter thereof.

Id.—Contract for Lease—Destruction op Building.—A contract for leasing a building to be constructed is terminated by the destruction of the building when nearly completed.