Cook v. Thomson

230 Cal.App.2d 866 (1964) FRANCIS K. COOK, Plaintiff and Respondent,

v.

MONROE G. THOMSON, Defendant and Appellant.

Civ. No. 21753. California Court of Appeals. First Dist., Div. Three.

Nov. 23, 1964. Marcel E. Cerf, Robinson & Leland, Henry Cohen and Mark Leland for Defendant and Appellant.

Robert J. Cort and Allan L. Sapiro for Plaintiff and Respondent.

SALSMAN, J.

Respondent Cook's complaint against appellant contained two counts, the first upon an express oral contract to pay respondent $10,000 for certain services, and the second upon a common count for services rendered. The trial court found that appellant had entered into an oral agreement whereby appellant agreed to pay respondent for his services "a finder's fee, and this court finds a reasonable fee determined by said court and said parties to be in the sum of $2,000.00 as and for said compensation and finder's fee. ..." Additionally the court found that "pursuant to said oral agreement" respondent had performed "all the terms and conditions required of him by said oral agreement," and further, that "the reasonable value of said services ... is the sum of $2,000.00." After allowing appellant credits in the sum of $948.11, concerning which there is no dispute, judgment was entered in favor of respondent for $1,051.89.

Appellant's principal contentions on appeal are that there is no evidence to support the court's finding of an express contract; that because no benefit was conferred upon appellant recovery may not be based upon any theory of implied contract; and that there is no evidence upon which to base a finding as to the reasonable value of respondent's services.

There was evidence that appellant wished to sell the stock of a certain corporation owned and controlled by him, and bargained with respondent for his assistance. Respondent testified that the parties entered into an oral agreement to the effect that, if respondent would obtain a stock broker who would agree to market the stock of appellant's corporation on a "best efforts" basis, appellant would pay respondent a "finder's fee" of $10,000. It was not disputed that respondent did find a broker and that appellant and the broker entered into an agreement for the sale of the corporation's stock. Appellant, however, asserted that he never agreed to pay respondent anything unless the stock of the corporation was