Munson v. Kirby

NORTON, J.,

pro

tem.

This is a suit by plaintiff to recover a broker’s commission for the sale of certain real property sold by defendants to the American-born children of one K. Muto, a native of Japan. In the Superior Court judgment was rendered in favor of plaintiff and from that judgment this appeal is prosecuted.

[214]

Appellants make the point that the evidence was insufficient to support the judgment in that there was no evidence that Thomas Munson, who conducted the negotiations upon which plaintiff bases her claim, was actually an agent of or in the employ of plaintiff at the time of these negotiations, nor that the listings of the property for sale made by appellants were made with plaintiff, nor any evidence that either Thomas Munson or plaintiff or anyone acting for her actually procured the purchaser to whom appellants sold the property.

The evidence in this case is to some extent conflicting, but after a careful examination of the testimony, this, court has no doubt but that there is ample evidence to sustain the findings of the trial judge in all the particulars complained of by appellants. The testimony and all the circumstances and evidence in the case indicate strongly that the two listings of the property executed by appellants must have been intended and understood by all parties to have been with plaintiff, and that Thomas Munson was acting for her and as her employee. There is likewise sufficient evidence to justify the trial judge in his conclusion that the original contract between seller and purchaser was initiated by plaintiff’s employee and that the purchaser was actually procured by him acting for plaintiff. Due, perhaps, to defective knowledge of the English language on the part of K. Muto,' the testimony is not clear and definite as to the status of his relations during the negotiations with his cousin H. Muto, who to some extent appears to have represented him during the transaction. It is apparent, however, from the evidence that H. Muto was, during his association with the transaction, acting with the consent of and for K. Muto, who furnished the funds to purchase the property, and in the opinion of this court, the conclusion of the trial judge that the plaintiff was the procuring and inducing cause of the sale, is fully sustained by the evidence.