Leboire v. Black

DOOLING, J.

Plaintiffs, who are licensed real estate brokers, secured the signature of one Morrow to a uniform agreement of sale whereby Morrow offered to purchase for a total price of $45,000 of which $12,000 was to be paid in cash

“The Almardel (sic) Hotel, swimming pools, complete equipment, including nine acres, and liquor license . . .

“Subject to seller obtaining a liquor license for buyer.”

This agreement was presented to defendant David Black by plaintiff Leboire for signature. Black signed an approval of the sale and an agreement to pay a $2,500 commission to plaintiffs but before doing so added the following language to the agreement:

“The Club Almadén and equipment except personal belongings, and including about 8 acres of land. Also the rights in the liquor license renewal when obtained by us.”

Over the word “Almardel” in the document as signed by Morrow was written the word “Almadén” and opposite the words “nine acres” was written the figure in parentheses “(8).”

A copy of the altered agreement was given to Morrow by the plaintiff Shaffer but he did not again sign it. Thereafter Morrow executed an assignment of his agreement with David Black for the purchase of this property to one McGoldrick. McGoldrick deposited this assignment and $14,000 in escrow with a title insurance company in San Francisco with a copy of Morrow’s agreement with Black. No instructions were given the title company by McGoldrick and he later withdrew his money from the title company* Shortly thereafter Me

[262]

Goldrick purchased the same property from defendants for $42,500 the escrow being handled by a San Jose title company.

The plaintiffs had judgment for their commission of $2,500 and defendants appeal.

Plaintiffs rely on the settled rule that when a binding contract is procured between a seller and buyer by a broker his right to the commission agreed upon is complete. (4 Cal. Jur. 582;

Grove