Baird v. Loescher

KERRIGAN, J.

This action is brought oh an express contract to recover commissions alleged to be due plaintiff from defendant for the sale of certain real property in Fresno-county. The plaintiff recovered judgment. This appeal is from that judgment and from an order denying defendant’s, motion for a new trial.

At the trial certain letters and an unsigned agreement inclosed in and referred to in one of the letters were admitted in evidence over the objection and exception of defendant. The sufficiency of these letters and of the unsigned agreement to constitute a contract is the subject of this controversy.

The letters and agreement (unsigned) in question are as follows:

[67]

“May 19, 06.

“Mr. Loeseher, Fowler, Cal.

“My dear Sir: The land matter seems to he progressing but rather slowly. ... In order to be properly prepared to handle them promptly and securely by being ready to take a deposit at once, if a favorable decision is made, I would request that you properly authorize me by filling out the little card agreement herewith enclosed, and send back by this evening’s mail on the train coming north about 7.15 at Fowler.

“Very truly yours,

“J. R. BAIRD,

“For Fresno Land Company.”

The card agreement inclosed and referred to in the above letter reads as follows:

“Fresno, Cal. May 19, 1906.

“Fresno Land Co.—I "hereby authorize you to sell for me, and to receive any deposit for the sale of the following described property . . . This authorization is exclusive, and is to remain in force, irrevocable, one month (10) days from date, and thereafter until ten days after receipt of notice in writing to cancel. Price of land to be $10,000, or any less sum hereafter agreed to by me, on the following terms: $4,500 cash on date of sale, and $................in.............. equal annual payments, with interest at 8 per cent per antm-m. for which I agree to pay five per cent commission, and in event of a sale I bind myself to execute and deliver the necessary conveyances of title, and to furnish abstract showing good title to said property to date of sale.