Riggins v. Patterson

JAMES, J.

This appeal is taken from a judgment entered in favor of the. plaintiff for the sum of five hundred dollars. It is presented on the judgment-roll alone. For cause of action plaintiff alleged in its complaint that on August 11, 1914, the defendant agreed in writing to pay the plaintiff the sum sued' for as commission for services theretofore rendered by Leslie B. Riggins Company, a corporation, as real estate agent in procuring an agreement of exchange of properties of defendant Patterson for property belonging to one Denton and one Beggs. The answer made by the defendant first contained a denial of all the material allegations of fact embraced within the complaint. It was then set up as a further defense that the plaintiff, on the eighth day of August, 1914, was employed by Denton and Beggs to act as their agent and broker in procuring the alleged agreement for the exchange of real estate and that Denton and Beggs agreed to pay the plaintiff as eompeisation for such services the sum of six hundred dollars; that bn about the same date the plaintiff accepted the employment and did at all times subsequent thereto represent and act for said Denton and Beggs as their agent and broker, and while representing itself to be such agent procured from the defendant Frank Reeves an acceptance of said proposition to exchange the real property. As a third defense defendant alleged that if any services had been rendered by the plaintiff, the same were voluntarily rendered and without any employment or authority or request from the defendant. The court made findings of fact determining, first, that prior to August 11, 1914, the plaintiff, as real estate agent, rendered services to the defendant in procuring an agreement of exchange of property belonging to the defendant Patterson for property belonging to Denton and Beggs; that defendant agreed ion August 11, 1914, in writing, to pay the sum of five hundred dollars as commission for such services. There is a finding also that no part of the sum sued for had been paid,. The court then further finds that on the eighth day of August, 1914, Denton and Beggs entered into an agreement with the plaintiff by which they employed the plaintiff as their agent in procuring the agreement of

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exchange and agreed to pay such agent the sum of six hundred dollars for such services. This finding follows: “It is true that plaintiff’s assignor accepted said employment and at all time subsequent to the eighth day of August, 1914, represented and acted for said Alice M. Denton and Hugh H. Beggs as their agent in procuring said agreement of exchange, and said plaintiff’s assignor did on August 8, 1914, while representing itself to be the agent of said Denton and Beggs, procure from defendant, Frank Reeves, an acceptance of said agreement of exchange, and the court further finds that said acceptance was in writing indorsed upon and forming a part of said agreement of exchange signed by said Den-ton and Beggs, and that in said acceptance said defendant Reeves agreed to pay plaintiff’s assignor the sum of five hundred dollars commission for services rendered.” The further finding made recites the depositing of deeds in escrow by the several parties to the transaction. It is contended on behalf of appellant that the findings do not support the judgment in that it is not determined by the court that at the time the agreement to pay commission was made both parties to the exchange had knowledge