Beeks v. W. Ross Campbell Co.

[745]

KING, J.,

pro

tem.

This is an action by a real estate salesman against his broker-employer for one-half of the commission paid the employer on the sale of real property. Plaintiff had judgment and defendant appeals.

The defendant W. Boss Campbell Company is a large concern engaged in handling real estate in Los Angeles, employing some thirty-five or forty salesmen. Plaintiff was one of these salesmen, employed under a written contract originally dated December 4, 1922, and reciting that his remuneration shall consist entirely of commissions, and that on sales “personally closed by Beeks” after certain deductions he “shall receive fifty per cent of the gross commissions, the balance to go to W. Boss Campbell Company”.

The defendant had for sale what is referred to as the “Stith Property” situate on South Hope Street in Los Angeles.

This property was sold for $264,000, a deposit of $5,000, represented by a check of Lee A. Phillips being received by Mr. McCourt, vice-president of the defendant corporation, dated August 17, 1925. The “Sales Deposit Beceipt” was dated August 19, 1925, G. M. Anderson being named as the purchaser. Later the deed was executed to G. M. Anderson, who was secretary for Lee A. Phillips. She eventually conveyed to Pioneer Securities Company, a corporation controlled by and used for Phillips.

The W. Boss Campbell Company had a custom whereby a salesman endeavoring to make a sale would obtain the assistance of an executive of the company in closing a deal, and in such a case the salesman still was entitled to the commission. Plaintiff claims that this was such a case, and that he consulted Mr. McCourt in regard to contacting Mr. Phillips •, that McCourt, as a result of this consultation, phoned to the office of Mr. Phillips and made an appointment and told Beeks that he had the appointment, but preferred to talk to Mr. Phillips along general lines first, and would make an appointment for Beeks to see Phillips the following day; that later that day Mr. McCourt told Beeks that he had put the property up to Mr. Phillips, but that Phillips was not interested, and that he, McCourt, had interested a woman in the property; that at a sales meeting of the W. Boss Campbell Company on August 19th (his consultation with McCourt having been on August 17th), Mr. McCourt an