Kennedy v. Johnson

SCHMIDT, J.,

pro tem.

By the second amended complaint filed in the lower court, respondent sought to recover from appellants the reasonable value of services rendered by him in the capacity of a real estate broker, to appellants as real estate brokers in connection with an exchange of certain properties owned by appellants’ principal, one A. M. Mull on the one hand, and L. H. "Wilson, Inc., on the other. The first cause of action is based on a written agreement to pay a reasonable compensation for the services alleged to have been rendered, and the second and third

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causes of action are based upon an oral agreement to pay such compensation. Appellants denied the performance of any services by respondent, the making of any agreement, the receipt of any commission by them and the reasonable value of the services performed by respondent, and by way of separate defenses appellants allege that there was no consideration for the agreement alleged; that the contract sued upon fell within the provisions of section 1624 of the Civil Code, and was therefore void and that respondent acted as the agent of L. H. Wilson from whom he accepted a commission without disclosing that fact to appellants and for that reason was not entitled to any further compensation.

The court found that there was an agreement between appellants and their principal, Mull, whereby Mull listed his property for sale or exchange with appellants, giving them the exclusive right to sell or trade it, and that same was subsequently traded to one Wilson and that respondent in his capacity as a ,drily licensed real estate broker rendered services to the appellants in assisting appellants in disposing of the property belonging to Mull and that said services were rendered at the special instance and request of said appellants; that in consideration for said services so rendered by respondent appellants promised to pay plaintiff a reasonable compensation; that such compensation was to be paid out of such commission as appellants received from the said Mull in effecting a sale or exchange of the Mull property; that respondent and appellants by their joint efforts succeeded in making and causing to be consummated an exchange of the property belonging to Mull and that belonging to Wilson; that as their commission for negotiating and assisting in the bringing about of said exchange appellants received from Mull certain real property of the reasonable value of $13,250; that the reasonable value of the services so rendered by respondent to appellants in assisting in disposing of the property of the appellants’ principal, Mull, is the sum of $1,000; that the agreement to pay respondent a reasonable compensation is not barred by section 1624 of the Civil Code, and rendered judgment in favor of respondent against appellants for the said sum of $1,000. From that judgment appellants have appealed.