Oaks v. Brahs

[183]

VAN DYKE, P. J.

Plaintiff and respondent brought this action to recover a broker’s commission which he alleged was owing to him from defendants. By his complaint he joined as defendants others than defendants Bruce Brahs and his wife Barbara Brahs, but judgment was rendered against Bruce and Barbara only and they appeal therefrom.

The following facts appear: Respondent was a licensed real estate broker. On May 12, 1950, appellants executed a document whereunder they listed with respondent for sale a ranch consisting of approximately 2,000 acres. The quoted asking price was $145,000 and appellants agreed to pay respondent 5 per cent of the selling price if he succeeded in making a sale of the property. The listing was taken by a Mr. Linville, a licensed real estate salesman working for respondent. Negotiations for the sale of the property were handled by Mr. Linville. Concerning his efforts to sell the property Mr. Linville testified as follows: Upon hearing that the Brahs ranch was for sale he contacted Bruce Brahs with whom he looked over the property which to some extent he already knew. He obtained the listing agreement at that time, having in mind a Mr. Taylor whom he thought would be interested in buying the property. On the next day he contacted Mr. Taylor who was a cattleman and was interested in acquiring a cattle ranch. He described the placed thoroughly to Mr. Taylor, giving him detailed information concerning the improvements, the plantings, the capacity of the property to sustain a cattle raising business and the possibility that the owners might take other property in trade for a part of the purchase price. He asked Taylor to go with him to view the property, but Taylor, while expressing his interest, did hot go, saying he was too busy at the time. Linville promptly telephoned and also wrote to Bruce Brahs, telling him of Taylor’s interest and of his interview with him, saying he thought Taylor might soon go to visit the property, and asking Brahs, if he did so, to show the property to him. Brahs replied that he would fully cooperate if Taylor appeared. A considerable time passed before Taylor went to the property. During this time Linville saw Taylor on several occasions and made several efforts to sell the property to him, urging him at all times to either go visit the property with Linville or go to the property by himself and see it. He told Taylor he felt sure that if he went and looked at the property he would find it to be just what he wanted. Linville had caused the property to be advertised