Crawford v. Kennedy

LANGDON, P. J.

This appeal is by the plaintiff from a judgment against him in an action brought to recover $5,250, the alleged reasonable value of plaintiff’s services in negotiating a sale of real property owned by the defendant.

[720]

It was alleged and found by the trial court that prior to June 1, 1920, the plaintiff was a duly licensed real estate broker engaged in business as such in the county of Fresno, state of California; that in January, 1920, defendant orally appointed plaintiff his agent to obtain for him a purchaser of certain real property situated in said county and state, orally promising plaintiff that if plaintiff should obtain a purchaser therefor at a price and upon terms acceptable to defendant, defendant would pay plaintiff the reasonable value of such services; that thereupon, and pursuant to said understanding, • plaintiff obtained such purchaser, to whom defendant sold said real property for the sum of $105,000, which amount was acceptable to defendant. That thereafter defendant orally agreed to pay plaintiff the reasonable value of his services, and subsequent to said sale, and on June 26; 1920, defendants executed and delivered to plaintiff a written memorandum in words and figures as follows:

“San Francisco, June 26, 1920.

“Mr. Crawford, Fresno.

“Dear Sir:

“I received a letter from my daughter this morning in which she stated that you would like to have a writing from me. All I can say is that you may keep this letter to show that I am indebted to you. I cannot state the amount as that is to be settled between us, but you know me well enough to know, that it will be settled satisfactorily. I expect to leave here in a day or so as I am tired of hearing anything regarding business. Every one seems to think we made a fine sale and all I can say is that I am glad I am out of it.

“Tours truly,

“(Signed) W. C. Kennedy.”

The judgment for the defendant was reached upon the assumption that the above-quoted letter did not constitute an enforceable contract against the defendant. Appellant takes the position that he is not relying upon this letter as a contract of employment, but that he is entitled to recover upon it as a promise by the defendant supported by the consideration of the past services of plaintiff in producing the purchaser for the land. The cases of