Martin v. Ede
Before: Searls
Synopsis
Real Estate Broker—Recovery of Commissions—Proof Required.— Under a written authority to a real estate broker to obtain a purchaser for land at a stated sum, within a specified period, for an agreed commission, in order to entitle the broker to recover the commissions agreed upon it is only necessary to show that, in pursuance of his employment, and within the time specified therein, he found a purchaser ready and willing to purchase the property on the terms specified in the authorization.
Id.—Broker’s Knowledge of Title Immaterial—Right of Compensation.—A real estate broker has nothing to do with the title or ownership of the property, and his knowledge as to the title, or the equitable estate of a third person therein, is of no consequence; and his right to the compensation contracted for does not in any way depend on the validity or invalidity of the defendant’s title to the property.
Id.—Broker Not Chargeable With Expense of Suit by Purchaser.— A real estate broker who does not exceed his authority under the agreement in obtaining a purchaser is not legally liable for expenses incurred in a suit by the purchaser for' specific performance of the contract of purchase against the owner of the property.
Id.—Application of Payments—Rent Account—Interest.—Where interest due on the demand in favor of the broker is in excess of a rent account due to the defendant at the time the rent account accrued, the court may properly apply the rent account on the interest then due the plaintiff, and refuse to allow interest on the rent account.
Id.—Interest on Broker’s Commissions.—A demand for broker’s commissions, which is capable of being made certain by computation, draws interest from the time when it became due, under section 3287 of the Civil Code.
Searls, C. This is an appeal from a judgment in favor of the plaintiff, Wheeler Martin, for $905.45, and from an order denying a motion by defendant for a new trial.
The action was brought to recover the sum of $750 • for commissions due to the plaintiff (who is respondent here), as a broker, in effecting the sale of certain property belonging to appellant.
The authorization under which the former acted is in writing, and in the following language:
“ San Francisco, August 3,1887.
“ Mr. Wheeler Martin: As you stated you could get thirty thousand dollars for the place you occupy on Market street, and, if you can, we will sell at that price any time before the first day of September, 1887, and allow you two and one-half per cent on said price, and, if no sale is made, no expenses made to us.
“ Yours truly,
“ William Ede.”
[159]This authorization was never revoked by defendant.
Subsequent to the execution of said paper, and on the twenty-second day of August, 1887, plaintiff found a purchaser for said lot of land, who was willing, and able, and offered, to pay to said defendant said sum of $30,000 for said property.
At the date of said agreement the legal title to said property stood in the name of defendant, but one Josephine Cory owned an equitable interest therein to the extent of one-sixth thereof, and was at the date of the agreement willing to sell. Plaintiff had heard that said Cory had an interest in the property, but was ignorant of the nature or extent of her claim.
The testimony showed that Charles Grant was the party -offering to purchase the property, and that he afterwards commenced an action for the specific performance of the contract to convey against the defendant, Ede, which action was decided in favor of said defendant, appealed to this court, and the judgment affirmed. ( Grant v. Ede, 85 Cal. 418.)
Defendant set up two counterclaims to this action. One for $261.50, on account of expenses incurred in the defense of the action of Grant v. Ede, which was not allowed, the other for $120, on account of four month’s rent of a house, which was allowed by the court.
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