Gregory v. Bonney

HAYNES, C.

Action by a real-estate broker to recover for labor and services alleged to have been rendered for defendant Jennie L. Bonney in connection with the sale of certain real estate, at the agreed price for said labor and services of $55.0. The answer consists of denials. Plaintiff had findings and judgment for five hundred dollars, and defendants appeal. F. J. Bonney is the husband of Jennie. L., the owner of the land. The appeal is from the judgment, taken within sixty days, and the evidence.is brought up in a bill of exceptions, and appellants’ contention is, that the findings are not justified by the evidence.

The written contract under which the services were alleged to have-been rendered was put in evidence by the plaintiff, and reads as follows:—

“San Francisco, Cal., Feb. 19, 1900.

“I hereby authorize and employ Chas. E. Gregory to sell the following real estate, containing 170. acres in Solano County, California, being all of our lands in said county, for the sum of twenty-one thousand two hundred dollars, less a commission of five per cent on said sum, and a like commission on any less amount for which I may, in writing, agree to accept. Terms cash.

“I agree not to sell or dispose of said property during the life of this agreement, except through the agency of Chas. E. Gregory. Should I do so, I will pay the full amount of the commission above provided. If I should sell to any one in thirty days after the expiration of this authority, to whom

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the above property had been recommended by said Chas. E. Gregory, I will also pay full commission as above. I hereby certify that the above property is now in my name, and will furnish complete abstract to date, and allow and pay no dollars for advertising. This authority to remain in force, without power of revocation, for three months from date hereof.

“ (Signed) Mrs. Jennie L. Bonnet.

“F. J. Bonnet.”

“San Francisco, May 18, 1900. The above authority is hereby extended for six months from date.

“Jennie L. Bonnet.”