Williams v. Freeman

YORK, P. J. —

Respondent, a licensed real estate broker, on August 29, 1936, entered into an exclusive listing contract in writing with the appellants, a farmer and his wife, by which the latter agreed to pay to respondent the sum of $2,000 if, within thirty days thereafter, he sold upon the

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terms therein expressed certain ranch property- owned by appellants.

The complaint herein set np two causes of action: The first was based upon the contract for the payment of $2,000 as commission, and the second alleged that on October 6, 1936, an account was stated between the parties for the sum of $1,000 upon which $400 had been paid. The prayer of the complaint was for the sum of $1600.

The answer denied generally and specifically all the allegations of the complaint, and in addition appellants set up an amended cross-complaint for the recovery of $400 which they alleged they paid to respondent in consideration of which he agreed to refrain from bringing suit against them for the sum of $1,000 for commission due for services rendered in connection with the sale of real property.

The court found in favor of respondent broker on his first cause of action. With respect to the second cause of action, it found that no account was stated between the parties, and concluded that respondent was entitled to a judgment for the sum of $1600.

Upon the issues framed by the cross-complaint, it was found, among other things, as follows: “1. That plaintiff was at all times herein mentioned a duly licensed real estate broker . . . that on August 29th, 1936, plaintiff and cross-complainants entered into a certain agreement in writing by which the latter employed said (plaintiff) to sell said real property for the price therein stated and agreed to pay plaintiff the sum of Two Thousand Dollars for his said services in the event said property was so sold by him within thirty days. That on or about the 15th day of September, 1936, plaintiff pursuant to said agreement duly sold said real property and produced the purchasers thereof to said cross-complainants . . . who thereupon refused to sell said real property to said purchasers.. That said purchasers were at all times ready, willing and able to buy said property pursuant to said agreement; that plaintiff performed all the conditions of said agreement on his part and demanded of said (cross-complainants) payment of said Two' Thousand Dollars and that neither the whole nor any part of said Two Thousand Dollars has been paid except the aforesaid sum of Four Hundred Dollars which said Four Hundred Dollars was paid by cross-complainants to plaintiff ... on account