Radich v. Cernokus

FINCH, P. J.

This appeal is from a judgment in favor of plaintiff for the amount of an alleged commission for finding a purchaser for defendant’s land.

The complaint alleges that a real estate broker’s license was issued to plaintiff on the twenty-seventh day of January, 1920; that in that month the defendant authorized plaintiff to sell defendant’s land as the latter’s agent; that plaintiff procured a proposed purchaser who was ready, willing, and able to buy, and who offered in writing to buy, defendant’s land at the price and on the terms provided in the authorization, but that defendant refused to sell.

Plaintiff’s license, dated January 1, 1920, was admitted in evidence. In December, 1919, defendant signed a listing card appointing plaintiff his agent to sell the land, but the card was dated January 1, 1920, for the reason that defendant had theretofore listed the land with another agent whose authorization would not expire until the latter date. The written appointment of plaintiff as defendant’s agent contained the following terms, the italicized parts being in writing and the others in print: “I hereby appoint

B. P. Badich

of Fresno-, my agent, with the exclusive right to -sell the property described -on the reverse side of this -card, for the price and under the conditions hereon described, or for any less amount hereafter authorized by me, -and to receive deposit on the same. ... I hereby agree to pay

twenty-five hundred

commission on the selling price. This authorization is to remain in full force and effect f-or

30 days,

and thereafter until revoked by me in writing.

... 40

acres

$60,000 . . .

Terms

$60,000

Cash; Balance

$18,000 Gash 7 P. c

Amt Mtg. on Place

$4000

Held by

4,000 Int.