Raymer v. Hobbs

SHAW, J.

Action to recover damages in the sum of six hundred and fifty dollars. Judgment for plaintiff, from which defendants appeal.

[299]

At plaintiff’s request, defendants executed and delivered to him an option, dated April 15, 1912, to purchase a certain tract of land owned by them. This document was as follows: “For a valuable consideration and the payment of one dollar, the receipt of which I hereby acknowledge, I, the undersigned, hereby agree to convey, or cause to be conveyed, to whomsoever A. Raymer shall designate, within the time limit of this option (as stated below), all that certain piece of property, situated in the county of Orange, state of California, and known and described as follows, to wit: . . . for the sum of twelve thousand three hundred and fifty 00/100 dollars, net to me, payable to me on terms and conditions as follows: . . . In case the provisions as set forth above, are not exercised within sixty days from date hereof, this option shall be null and void, ...” “(Signed) Susan A. Hobbs, D. E. Hobbs.”

Plaintiff testified this option was procured at the suggestion of and for his clients G. W. Schroeder and wife, to whom he, without written authority and without defendants’ knowledge, had shown the property in an effort to sell the same for the sum of thirteen thousand dollars. Other than this option given by defendants to plaintiff, there was no written authority given by defendants to plaintiff whereby he was given the right to purchase or act as agent in the negotiation of a sale of the property. At no time prior to May 20, 1912, when Raymer, by letter, notified defendants that he was negotiating with Schroeder, to whom he had expected to sell the property, did defendants have any notice from Raymer that Schroeder was a possible buyer. On said last-mentioned date, in a letter to Hobbs, he stated that the party to whom he expected to sell the land was “clean off the notion of buying your land,” and stated that it was Mr. Schroeder. Also saying that he would release Hobbs from the option on condition that if Schroeder later on should conclude to buy, he (plaintiff) should be paid a commission on the sale by Hobbs. Prior to the receipt of this letter, to wit, about May first, Hobbs met Schroeder, who had purchased a piece of land adjoining that owned by defendants, and Schroeder intimated that he desired to purchase more land. Hobbs at the time, as stated, having no knowledge of the fact" that Schroeder was the party for whom plaintiff was acting in procuring the option, suggested to Schroeder that he purchase his place, with the result that