Anderson v. Geo. L. Barney Co., Inc.

MARKS, J.

Plaintiff recovered judgment for $1726.50, being $300 real estate commission paid defendants, and $1426.50 secret commission or profit received by them while acting as her agents for the exchange of her real property. Geo. L. Barney Co. was a duly licensed real estate broker and Raymond K. Worrell and Gaylord B. Parkinson were licensed real estate salesmen employed by and acting for and under the broker’s license of Geo. L. Barney Co., as was S. B. De Silva. Hartford Accident

&

Indemnity Com

[342]

pany furnished the real estate broker’s bond for Geo. L. Barney Co.

Plaintiff owned property in Seattle, Washington, which she desired to exchange for property in San Diego, California. De Silva, who was related by marriage to plaintiff, introduced her to Parkinson, who showed her a number of properties in San Diego, among them one owned by Abraham L. Richey and Lettie L. Richey, his wife. On July 1, 1931, plaintiff signed a written offer to exchange her Seattle property for the Richey property and agreed to pay Gea L. Barney Co. $500 commission if the transaction were consummated. She also agreed that Geo. L. Barney Co. might act for and accept a commission from the Richeys. This exchange offer and agreement expired by its terms in thirty days, but was extended by plaintiff to August 30, 1931. As the exchange was not made, the offer and agreement terminated on that date. Parkinson tried to consummate an exchange with another person but could not complete the transaction,

Richey informed defendants that he would accept $2,300 for his San Diego property. Defendants immediately attempted to find a cash purchaser for plaintiff’s Seattle property. On December 2'8, 1931, they telegraphed agents in Seattle, asking if it could be sold for $4,000 cash. On January 2, 1932, they received a telegram from the Seattle agents conveying the information that a purchaser had been found who would pay $4,000 cash for the property. Other telegrams had been exchanged in the interim.

On December 30, 1931, Worrell and Parkinson went to De Silva’s home and told him that a trade then pending between plaintiff and one Harris could not be consummated but that Richey was now willing to trade his San Diego property for the Seattle property. Plaintiff had gone to Pittsburg, California, for the holidays. Parkinson and De Silva went to that city and Parkinson again presented the Richey trade to her. He did not tell her that Richey was willing to sell his San Diego property for $2,300, or that her Seattle property could be sold for $4,000 cash. On January 2, 1932, he secured plaintiff’s signature to escrow instructions agreeing to exchange her property for the San Diego property and to pay Geo. L. Barney Co. $300 com