Stineman v. Gottschalk

SHAW, J.

This is an appeal by plaintiff, prosecuted upon the judgment-roll alone, from a judgment in favor of defendants.

The contention of appellant is that upon the findings he, and not defendants, is entitled to judgment.

The action is based upon an alleged contract made in January, 1914, whereby defendants, who were the owners of a building then in course of construction and designed for business and hotel purposes, employed plaintiff to secure a tenant therefor for a term of ten years at a term rental of $111,360, and promised to pay the reasonable value of his-ser

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vices under said employment, which facts are admitted or found by the court to be true. The court further found that subsequent to the date of said contract of employment plaintiff and one Charles J. Lick entered into a contract whereby they agreed to lease the property for which plaintiff had undertaken to secure a tenant, provided that they or defendants should be successful in securing a license for the sale of liquor on the premises; otherwise such agreement to have no force. The condition was not performed. Thereafter, about March 7, 1914, defendants leased said property for a period of ten years for the aggregate rental of $111,696 to said Charles J. Lick and Earl Gilman, Grant Gilman, and Forrest Gilman. As to this lease and the fact that plaintiff was instrumental in securing the execution thereof, the court found “that the plaintiff under his said agency and employment from the defendants, did introduce said Charles J. Lick to the defendants, and that thereafter the said Charles J. Lick did continuously negotiate with the defendants for said lease either in connection with the plaintiff or in connection with Earl Gilman, Grant Gilman, and Forrest Gilman, and that the act of said Charles J. Lick in executing the said lease as above stated in connection with the said parties last mentioned was the result of the efforts of the plaintiff; that the plaintiff did not procure for defendants tenants in the persons of Earl Gilman, Grant Gilman, and Forrest Gilman otherwise than as follows: That the plaintiff did, on or about the tenth day of January, 1914, propose to said Earl Gilman, Grant Gilman, and Forrest Gilman that they lease the said premises, but that said parties last mentioned informed the plaintiff that they could not lease the said premises, and at that time declined to enter into any negotiations for that purpose”; that no further discussion or negotiation was had by plaintiff with the Gilmans in reference to the matter. The court further found “that the reasonable value of plaintiff’s services under said employment was and is the sum of $1,728.96.”