Showers v. Rober

WOOD (W. J.), J.,

pro

tem.

Defendant appeals from a judgment in the sum of $1,250 rendered against her in an action in which plaintiff sued for a commission alleged to have been earned in negotiating the sale of defendant’s real estate. On November 16, 1923, defendant gave to' plaintiff written authorization to sell the land in question, in which it is stated: “I hereby constitute Jack Showers Sole Agents for the herein described property for 30 days and thereafter until notified in writing-to the contrary.” The price stated was $25,000, of which $16,300 was to be cash (“down”), and the balance to be covered by mortgage. On November 28, 1923, through the efforts of plaintiff, the South Park Land Company, a corporation, agreed to purchase defendant’s property by an instrument which

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was executed in the name of the corporation by C. M. Crawford, its general manager. By the instrument the purchaser agreed to pay the price fixed by defendant, of which $1,000 was then paid by check. The instrument provided: “The balance of the purchase price is to be paid 30 days from date hereof as follows, to-wit: ($4000) Four Thousand Dollars additional to the ($1000) One Thousand Dollar deposit to be paid into escrow and the balance when the title has had a report upon. Purchaser to be given possession within ninety (90) days hereof.” Plaintiff then called upon defendant and informed her that he had sold the property. Mrs. Eober refused to talk to plaintiff, shut the door in his face and directed him to talk to her husband. Plaintiff then told Mr. Eober that he had sold the property to the South Park Land Company, but Mr. Eober said he “told his wife that she should not have signed any card or any listing like that, and that he would not have anything to do with it, and he would keep her from selling if he could.” An escrow was started at the Citizens State Bank at Sawtelle, and the $1,000 deposited there. The cashier of the bank wrote a letter to Mrs. Eober concerning the escrow and the registration return card was returned to the bank bearing Mrs. Eober’s signature by her daughter.

Two points are presented by appellant in arguing for a reversal of the judgment. It is first contended that it is not shown by the agreement of the South Park Land Company, or otherwise, that C. M. Crawford was authorized to bind the corporation. Since the findings are favorable to plaintiff the evidence must be considered in the light most favorable to him. The witness Crawford testified that the corporation was buying and selling real estate and that he had conducted practically all of the purchases and sales; that he was handling all of the affairs of the corporation. Witness Martin, the president of the South Park Land Company, testified that Crawford was the general manager of the corporation and that four of the five directors had met and discussed the proposed purchase and had “told Mr. Crawford to close the transaction on either of the terms he wanted to, either for cash or on the payment down and balance on the mortgage.” Crawford was secretary of the corporation and a member of its board of directors. It was established that the South Park Land Company was