Pawlak v. Cox

DORAN, J.

As recited in defendant-appellant Lahey’s brief, “Respondents, husband and wife, unlicensed persons under California Business and Professions Code sections 10130, 10131, 10132 regulating real estate brokers and salesmen, brought action against appellant, a licensed real estate broker, to recover a percentage of commissions earned by appellant in two separate real estate transactions. In each of the two transactions respondents’ contentions were that they became entitled to said compensation by reason of their agreement with appellant to introduce to him prospective purchasers of real property, improved with motels. It was stipulated to that actual sales had occurred and that appellant had earned his commissions.

“The first and second causes of action are based upon the sale of motel property to Mr. and Mrs. Jacob Grieshaber, which transaction shall, for convenience, be referred to herein, as the Grieshaber transaction. The third and fourth causes of action are based upon the sale of motel property to Mr. and Mrs. Frank Wolf, which transaction shall be referred to herein as the Wolf transaction.

“Appellant answered the complaint and denied the making of the agreement which is the basis of respondents’ complaint. ”

The trial court granted a nonsuit as to the first and second causes of action, involving the Grieshaber transaction just mentioned, and entered a judgment for plaintiffs against the defendant Dan Lahey in the sum of $2,000 plus interest as to the third and fourth causes of action involving a so-called Frank Wolf transaction. The defendant Lahey has appealed therefrom.

Plaintiffs Pawlak have filed a cross-appeal from that portion of the judgment granting a nonsuit as to the Grieshaber

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transaction relied upon in the first and second causes of action, and providing that each party shall bear its own costs.

In respect to the third and fourth causes of action relating to the Wolf transaction, the trial court found:

I.

“On or about July 28, 1954 defendants offered to pay plaintiffs a sum equal to 40% of any commission received by defendants in connection with the sale of a motel to a certain Mr. Wolf if plaintiffs would introduce defendants or one of them to said Wolf and if said Wolf in fact purchased a motel.