Cramer v. Lee Wa Corp.

McCOMB, J.

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover a real estate broker’s commission, defendants appeal.

Facts:

Defendant corporations owned certain apartment buildings which became the subject of negotiations leading to a preliminary agreement dated October 25, 1949, whereby the companies transferred three apartment buildings to Rodney M. Benson in exchange for a piece of property located at 6601 Langdon Avenue, Van Nuys. This agreement provided that the commission to be paid plaintiff was “to be mutually agreed upon.”

Thereafter defendant corporations delivered to plaintiff a listing agreement containing this provision: “If a sale or exchange is effected by him during their agency for the above described property, I agree to pay them Five (5%) percent of the selling price, as commission for their services, . .

On October 26, 1949, plaintiff and defendants entered into a further agreement reading as follows:

“Regarding Standard Exchange Agreement, dated October ■26th, between Lee Wa Corp., Dickens St. Company, Jenner Corp. of which I am President and Mr. Rodney G. Benson, Jr., wherein I am exchanging 3 apartment buildings, legally described as Lots 503, 443 and 508 of Tract 5822, M. B. 66 P. 64:65, in City and County of Los Angeles State of California, for a home located at 6601 Langdon Ave., Van Nuys, legally described as Lots 17 & 18 and Southerly 4.80 ft. of Lot 19 of Tract 11449 M. B. 255 P. 14-15, City and County of Los Angeles, State of California; I hereby agreed to pay William Cramer, a licensed realtor commission after completion of this exchange on the following basis as remuneration for his 'work in negotiating said exchange:

“It is understood that the home at 6601 Langdon Avenue, is to be sold, at which time I will pay William Cramer, his commission on following basis:

“Asking price for home

&

furnishings $85,000.00.

“At above price I will pay William Cramer $20,000 commission, for his entire services in entire deal.

“If the home and furnishings is sold at less than $85,000 I will pay William Cramer a minimum of $15,000 commission,

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