Schweppe v. Sandberg

RICHARDS, J.

This is an appeal from a judgment in favor of the defendant after an order sustaining his demurrer to the plaintiff’s complaint.

The action was one brought to recover the sum of two thousand five hundred dollars alleged to be due from the defendant to the plaintiff for certain services rendered in representing the defendant before the California State Highway Commission in relation to the location of a cer

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tain route for the state highway which, if adopted, would bring said highway to or through the lands of the defendant, and also for procuring for the defendant a loan of three thousand dollars, to be secured by a mortgage upon said lands, the amount to be paid for said services to become payable upon the procurement of said loan and upon the construction of the said highway along said proposed route to or through any portion of the defendant’s land. The complaint, in pleading the agreement for the plaintiff’s said employment, does not set forth in terms the writing embodying the same, but pleads said agreement in substance as follows: The plaintiff is alleged to have “agreed to perform certain services for and on behalf of the defendant in representing the defendant before the California State Highway Commission, and in presenting to the State Highway Commission, as the representative of the defendant, the merits of a route for the location of the state highway which would bring the said highway to or through the lands of the defendant above described.” The plaintiff also agreed to procure for the defendant, within five days after said November 24, 1911, a loan of three thousand dollars, to be secured by a mortgage on the land of defendant above described. That the defendant, in consideration of said agreement by the plaintiff and in consideration of services theretofore performed by the plaintiff at the special instance and request of the defendant, in appearing before said State Highway Commission as the representative of the defendant in presenting the merits of said route, agreed to pay to the said plaintiff the sum of two thousand five hundred dollars upon the securing of said loan of three thousand dollars within five days after said November 24, 1911, and upon the construction of said state highway to or through any part of the said property, as above described. The complaint further proceeds to allege that the plaintiff duly performed all the conditions of said contract on his part; that he secured the loan in question promptly; that he appeared before the State Highway Commission as the representative of the defendant, and presented to the said State Highway Commission the merits of the route for the location of the said state highway, which would bring said highway to and through the property of the