Ira Garson Realty Co. v. Avedon

WOOD, P. J.

This is an action to recover commission for sale of real property, or to recover damages resulting from alleged interference by the defendant buyer (Bienefeld), and defendant Premiere Aluminum Products, with plaintiff’s contractual relationship with the sellers of the property (Avedon and Chotiner). Plaintiff appeals from a judgment of nonsuit.

Defendants Sam Avedon and Willard Chotiner, who were the owners of unimproved real property (about 15 acres) at 182d and Hoover Streets in Los Angeles County, sold the property on May 10, 1963, to defendant Jonas Bienenfeld and his wife for $322,500. Defendant Jonas Bienenfeld was the president of defendant Premiere Aluminum Products, Inc.

[625]

Prior to October 1962, Jack Neil, a real estate salesman employed by plaintiff Ira Garson Realty Co., saw a sign on said real property, which sign stated “For Sale or Will Build”—“Courtesy to Brokers”; also, a telephone number was on the sign. He called the number and asked Avedon whether he would pay a commission “in the event that we brought him an acceptable deal.” Avedon replied in the affirmative, and they discussed the size and the price of the property. Avedon said that he wanted $400,000 net after payment of costs of sale and commissions. Neil asked for and received a ‘ ‘ plot plan ’ ’ of the property.

Thereafter, in October and November, Neil showed the property to several persons, and advised Avedon thereof. In December, Neil saw a newspaper advertisement wherein defendant Premiere Aluminum Products stated that it desired to acquire a parcel of land containing 10 to 15 acres. Neil wrote a letter to Premiere at the address stated in the advertisement, and he received a telephone call from Mrs. Bernstein (defendant Bienenfeld’s daughter), who said that she was responding to Neil’s letter. Neil, after saying that he had some property which was available for sale, made an appointment to show the property to her. He showed her several parcels of land and, while they were riding in an automobile on the freeway, he pointed to the Avedon-Chotiner property. She said that she had seen that property. On February 18, 1963, Neil took' Mrs. Bernstein to the Avedon-Chotiner property. On February 20, he sent a letter to Mrs. Bernstein, enclosing a copy of the plot plan of the property, and stating that she should telephone him (Neil) if she needed further information.