Cases Adjudged Volume 45

Cases Adjudged Volume 45

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...to make the lawful business of real estate brokerage unlawful, nor to bar real estate agents from making contracts. It was of no concern to plaintiff that defendant was not a licensed real estate agent. The service rendered was not affected by reason of plaintifi"s failure to pay his license tax. His violation of the law was a matter exclusively between him and the District of Columbia. The act places no inhibition on the real estate business in this District. The prohibition goes to the agent, and not to the business. Its language is: "That no person shall engage in or carry on any business for which a license tax is imposed," etc. Both the prohibition and penalty are directed to the person, and not to the business transacted. Tooker v. Duckworth, 107 Mo. App. 231, 80 S. W. 963; Hughes v. Snell, Ann. Cas. 1912D, 374, and note (28 Okla. 828, 34 L.R.A.(N.S.) 1133, 115 Pac. 1105). As was said by the Texas court of appeals in Amato v. Dreyfus, --Tex. Civ. App.--, 34 S. W. 450, where the court had under consideration the right of an unlicensed real estate agent to collect commissions in the face of a statute similar to ours: "It is plain to us that the primary object of Dissenting Opinion. ' 45 App. the statute is to provide revenue, and that it was not its purpose to repress or prohibit the several occupations it undertakes to license. The provision is that no person shall pursue any occupation unless he has such a receipt, which means that the person is prohibited, not the occupation. No consideration of public policy, nor one looking to the regulation of the business, enters into the statute in question. The purpose sought to be subserved is altogether different. It could with as much propriety be asserted that a...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236981286
  • 9781236981288