Patterson v. Torrey

Broker’s Commissions—Oral Request for Services—Statute of Frauds—Memorandum in Writing Required.—The fact that a broker, suing for commissions, on a sale of real estate, performed valuable services for the defendant at his oral request, cannot authorize the recovery of any compensation therefor, in the absence of some note or memorandum in writing, subscribed by the defendant, whereby plaintiff was employed or authorized to negotiate the sale or exchange, as required by subdivision 6 of section 1624 of the Civil Code.

Id.—Improper Finding—Inconsistency With Plain Import op Language Used.—It is held that, while the court finds that the instrument was made and delivered by the defendant “for the purpose of authorizing the plaintiff, as such real estate broker, to make such sale .and exchange of said property of defendant for commission on the terms and price specified for defendant,” nevertheless the purpose specified in such finding is wholly inconsistent with the plain import of the language used by the parties.

Id.—Naked Act op Owner Fixing Price.—The naked act of an owner of real estate in fixing a price at which he is willing to sell or exchange the same, given in writing at the request of a broker, does not constitute an employment of such broker by the owner, or bind him to pay the broker a commission for making a sale of the property.