Stafford v. Rainey

CHIPMAN, P. J.

This is an action to recover a commission for the sale of real property. The basis of plaintiff’s claim is the following letter written to plaintiff by defendant:

“Seiad Valley, Calif., Feb. 27, 1914.

“Mr. J. I. Stafford,

“Dear Sir:

“I have got 316 acres of land about 125 acres in cultivation and about 80 more acres can be put in cultivation. Balance is rough and covered with timber there is a million or more of timber on the ranch good water-right no debt. Price $9,500 will pay the customary five per cent for a buyer. Will give you- Sixty days time.

“Robt Rainey.”

In his brief plaintiff says: “The only question in this case is, Did plaintiff ‘find a purchaser within sixty days?’ If so, he is entitled to his commission.”

It is admitted that defendant sold his ranch to one F. E. Stewart for nine thousand dollars before the expiration of

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sixty days after February 27, 1914, and plaintiff claims that he found this purchaser and introduced him to Stewart and was instrumental in effecting the sale.

Upon the evidence adduced the court, sitting without a jury, made the following findings of fact and conclusions of law:

“1. That defendant did not on the 27th day of February, 1914, or at any other time employ plaintiff as his agent to find a buyer for defendant’s land known as the Rainey Ranch, except to write a letter to plaintiff giving plaintiff the right to sell said lands for the sum of $9,500 where in said letter defendant promises in event of sale to pay plaintiff a five per cent commission.

“2. That plaintiff never did produce or find a buyer for defendant’s said land and was not in any way instrumental in selling the same.

“3. That said Rainey Ranch together with certain personal property was sold by defendant, himself and by reason of an agreement the defendant had with one F. E. Stewart, such agreement being made before plaintiff had been given any authority to sell said Rainey Ranch.