Hickson v. Gray

McCOMB, J.

From a judgment in favor of plaintiffs after trial before the court without a jury in an action to recover secret profits obtained by defendants while acting as agents for the sale of property of plaintiffs, defendants appeal.

[685]

Tin evidence being viewed in the light most favorable to plaintiffs (respondents) the essential facts are these:

In November, 1945, plaintiffs were the owners of certain parcels of real property known as 602 and 608 South New Hampshire Street, Los Angeles, hereinafter designated as Parcels 1 and 2, respectively. All the plaintiffs were represented by Mr. Vincent C. Hickson.

On or about the 18th of November, 1945, Ruth Denmead became interested in the purchase of Parcel 1, and made this fact known to defendants. Defendant Gray, a licensed real estate broker, immediately procured a listing of the property from Mr. Hickson as the representative of all the owners. Shortly before November 22, 1945, Mrs. Gray called upon Mr. Hickson at his office relative to Parcel 1, at which time she learned that plaintiffs owned Parcel 2 and the properties had been listed with two brokers, Parcel 1 being listed for $23,500 and Parcel 2 for $17,500.

Mrs. Gray requested a listing of both parcels which was refused by Mr. Hickson as the previous listing had not expired. He told her that if she had a purchaser she might submit an offer and he would consider it, although he was satisfied that the properties should bring more than $41,000.

On November 26, 1945, Mrs. Gray telephoned Mr. Hickson to say she had the property sold for $41,000 which was the best offer she could get, and requested the privilege of coming to see him the next day and bringing with her Mrs. Tate who worked with her on real estate deals. On November 27, 1945, defendants called at Mr. Hickson’s office, informing him they had the properties sold for $41,000 to a “May D. Corson,” and such sum was the best that could be obtained. Mr. Hickson expressed his disappointment that the properties could not be sold for a larger sum. He gave Mrs. Gray a listing of Parcel 1 for $24,000 and Parcel 2 for $17,000, the name of May D. Corson, 440 South Ardmore, being inserted as purchaser according to instructions given by Mrs. Gray in the presence of Mrs. Tate.