Peterson v. Rose

FORD, J.

This is an appeal from a judgment entered in conformity with the confirmation of an arbitration award.

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(Code Civ. Proc., § 1287.4.) The controversy was as to

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whether the appellants Earl W. Rose, Mary B. Rawlings and George Newman were entitled to a portion of a commission of $9,750 resulting from the sale of real property in Hermosa Beach. The appellants and the respondent Gordon F. Peterson were all members of the South Bay Board of Realtors, Inc. The appellants’ contention on this appeal is that no final award in arbitration was made when the controversy was submitted for determination in accordance with the bylaws of the real estate board.

The dispute arose about October 9, 1961. The question was whether the respondent Peterson was entitled to all of the commission for the sale of the property as the listing and selling broker or whether he was entitled to only one-third thereof as the listing broker and the appellants Rose and Rawlings were entitled to the remaining two-thirds as the brokers who made the sale. The controversy was referred to a board of arbitrators, known as the “Court of Ethics,” pursuant to the bylaws of the South Bay Board of Realtors, Inc. A hearing was had on December 6, 1961, at which evidence was presented by the parties.

The determination which the appellants contend did not embody a final award in arbitration was on a printed form entitled “Decision.” In the nature of a caption were the words “In the COURT OF ETHICS of the SOUTH BAY BOARD OF REALTORS, INC.,” together with the names of the parties to the proceeding. In the document were set forth “findings of fact.” After the printed heading “OPINION and RECOMMENDATION FOR DISCIPLINARY ACTION” was the following typewritten statement: “It is the opinion of the Ethics Committee in reviewing the facts of the case that Gordon F. Peterson acted as Listing and Selling Broker, and as such should be awarded the full commission, less the 4% due to the South Bay Board of Realtors, Inc.” Under the printed words “AWARD IN ARBITRATION” was the typewritten statement: “Award to Gordon F. Peterson as Listing and Selling Broker. ’ ’

The document stated that the action of the arbitrators was taken on December 6, 1961. It was signed by four of the five members of the Court of Ethics. Immediately following such signatures was a statement entitled “ACTION OF THE BOARD OF DIRECTORS” which was signed on behalf of the board of directors by the president. The body of that statement was as follows (the typewritten portion being italicized herein) ; “The Decision of the Court of Ethics in