Atherton v. Royce

[434]

CURTIS, J.

Plaintiff, a duly licensed real estate broker, procured for defendant one.Sophie Lev to purchase certain real property, situated in the city of Los Angeles and owned by defendant, and as a result of plaintiff’s efforts defendant, on the eighteenth day of April, 1921, entered into a contract of sale with the said Sophie Lev, whereby she agreed to sell, and said Sophie Lev agreed to buy, said real property for the sum of $9,000, payable $3,000 cash (including the amount of $50 paid at the time of the execution of said contract) upon the execution of deed; balance by assumption by grantee of mortgage for $.1,300, then on the property, and a trust deed' securing balance of purchase price. This contract was signed by both parties thereto, and appended to it was a further agreement, signed by the defendant, reading as follows: “I further agree to pay P. W. Atherton the sum of $450 as commission for negotiating the sale, to be retained out of the first money received on the purchase price.” Two days thereafter, that is, on April 20, 1921, defendant signed certain escrow instructions and delivered the same to the Title Insurance & Trust Company, in which she stated that she would hand to said title company a deed to the real property sold, in favor of said Sophie Lev, and authorized said title company to deliver said deed to the said Sophie Lev on or before the 2-Oth of May, 1921, on said Sophie Lev paying to said title company for the defendant the sum of $2,950. The title company was also instructed by defendant to procure from the purchaser a note for $3,500 secured by a mortgage on said real property, and also a note for $2,500 secured by a trust deed on the same property. It was further stated in said instructions that the full purchase price was $9,000; cash, $3,000, $50 of which had been paid. On or about May 15, 1921, Sophie Lev asked defendant when her deed would be ready, and the latter replied that on account of her husband objecting to the sale, that she had come to the conclusion that she did not want to sell, and that she would not put any deed in escrow. On May 19, 1921, Sophie Lev paid to the title company $2,750 and on the following day the further sum of $200. She also deposited with said title company a trust deed securing the balance of the purchase price as called for by the contract

[435]