Merwin v. Shaffner

[375]

JAMBS, J.

Plaintiff brought this action to recover commissions alleged to have been earned by procuring a lessee for real property owned by the defendant. A general demurrer to the complaint was sustained without leave to amend. A judgment of dismissal followed, from which this appeal was taken.

In the complaint it was alleged that on or about the twenty-second day of January, 1913, the defendant made and delivered to the plaintiff the following instrument in writing:

“Los Angeles, Cal. Jan. 22nd, 1913.

“W. B. Merwin,

“424 ,H. W. Heilman Bldg.,

“Los Angeles, Cal.

“Dear Sir:

“You are hereby authorized to find a lessee for my property at (611 West 6th street), the east 40 feet of the west 85 feet of lots 1 and 2, block 102, Belleview Terrace Tract, for the term of 99 years, at the annual net rental of $3000.00, payable monthly in advance for the first ten years, and an annual net rental of $4800.00 for the remainder of the 99 years term, payable monthly. Should you secure a lessee acceptable to me on the above terms, or terms acceptable to me, I agree to pay you a commission $2500, payable along during the 1st year. This is exclusively good to you for 60 days from date.

“A building not to cost less than $40,000 to $50,000 on or before 10 years from date of lease, to be built upon the property. Yours respectfully,

“Rosalia B. Shaffner.”

It was then alleged that pursuant to the authority given by this writing the plaintiff procured three individuals to make an offer to lease the property described, the offer being submitted in the following form:

“Los Angeles, Jan. 24, 1913.

“W. B. Merwin & Co.,

“H. W. Heilman Building,

“Los Angeles, California.