Williams v. Krumsiek

MUSSELL, J.

Defendant Irene A. Krumsiek and her daughter were the owners of a ranch near Rosamond in Kern County. On May 20, 1948, Mrs. Krumsiek listed her property for sale with plaintiff Ruel G. Williams, a real estate broker. The defendants and cross-complainants O. A. Sanders and Lola B. Sanders owned a motel at Long Beach and during the spring and summer of 1948 plaintiff Williams attempted to negotiate a trade of the Sanders’ motel for the Krumsiek ranch. On or about July 1st Mr. and Mrs. Sanders prepared and submitted a written offer to trade properties and this offer was rejected by Mrs. Krumsiek. On July 9th, 1948, Williams prepared a written instrument for and on behalf of Mrs. Krumsiek, which instrument was a deposit receipt form, by the terms of which she offered to exchange the ranch for the motel. The document provided that Mrs. Krumsiek was to assume loans against the motel in the approximate suip of $33,000; the Sanders were to give their note, payable to Mrs. Krumsiek in the sum of $20,000 and this note was to be secured by a deed of trust on the ranch. Sanders and Krumsiek were each to pay $1,500 real estate commission. Mrs. Krumsiek gave Williams her check for $500 and Williams took the instrument to the Sanders for their signature and approval. Mr. and Mrs. Sanders approved the deal as submitted and signed the document. However, Williams made certain notations on the back of the document, which notations are as follows:

"

Sellers Amendments to offer

“All hay harvesting on Ranch to cease and work of Ranch hand be turned to irrigation under direction of seller until Aug 1st

“Title to south 80 to be released when $6000 has been paid on T. D-note.

“No personal property to be held under T. D.

“Sellers share of Commission to be covered by Note pay

[543]

able to Williams & Dickerson (brokers) and payable from 1st Crops of 1949. On or before June 1, 1949.”

On the day following the signing of the offer by Sanders and his wife, Williams called upon Mrs. Krumsiek and discussed the “whole matter” with her, including the proposed amendments and told her that Mr. and Mrs. Sanders had accepted her offer. In this connection, Williams testified that Mrs. Krumsiek said “She wasn’t at all sure she wanted to go through with it now” and would let him know; that on July 14th he learned for the first time that Mrs. Krumsiek’s daughter was part owner of the ranch, when Mrs. Krumsiek “offered it as a reason for not going through with the deal.”