Meyer v. Selggio

MoCOMB, J.

Defendant appeals from a judgment predicated upon the granting of plaintiff’s motion for a judgment on the pleadings in an action to recover a broker’s commission for the sale of the fixtures, lease and good will of a business known as the Detroit Hotel in Los Angeles.

So far as material here the pleadings disclose the following allegations and denials :

The Complaint

In the complaint is alleged:

(1) the duly and regularly licensing of plaintiff as a business opportunity broker under the laws of the State of California ;

(2) the compliance by plaintiff with the provisions of sections 2466 and 2468 of the Civil Code authorizing him to do business under a fictitious name;

(3) the employment by defendant of plaintiff for the sale of the Detroit Hotel on certain terms and conditions,

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including an agreement to pay plaintiff a commission of $1,500 upon sale of the property;

(4) that plaintiff negotiated the sale of the hotel in conformity with the terms and conditions of his written agreement for its purchase and sale signed by the defendant and vendee;

(5) that he obtained purchasers who executed a contract for the purchase of the hotel, which contract defendant also executed, agreeing to sell the property; and

(6) that the purchasers were ready, willing and able to comply with the terms of the agreement of sale.

The Answer

The answer denied:

(1) plaintiff was a duly licensed broker;

(2) plaintiff had complied with the provisions of sections 2466 and 2468 of the Civil Code relative to doing business under a fictitious name;

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(3) a consummated sale;

(4) the readiness, willingness and ability of the purchasers to complete the purchase of the hotel;