Bland v. Smith

WEYAND, J., pro tem. The statement of facts contained in respondents’ brief herein fairly represents the real facts of this case.

They are as follows, to wit:

“Prior to October 10, 1928, appellant, an experienced real estate operator, owned the real property at Westwood and Santa Monica boulevard involved in this action. The defendant Jess Smith was a salesman with the Janss Investment Company. Prior to the 10th day of October, [591928], Jess Smith attempted to talk to the plaintiff, but only over the telephone (and not more than twice), in regard to this real estate, and he claims he told her that he could sell the property for her for $40,000, and that she referred him to Alonzo B. Moore, an agent who had handled all of her transactions except those which she managed personally. Jess Smith claims the plaintiff refused to have anything to do with him and hung up the receiver. Plaintiff paid a commission to Moore when this property was finally sold, but did not pay compensation of any kind to any of the defendants. Plaintiff knew that Jess Smith was representing a buyer. A sign on the property in question designated Moore as the exclusive agent. Smith located Moore, to whom he made offers to buy the property. Moore relayed these offers to the plaintiff. Finally, through Moore’s persuasion, plaintiff sold the property. Title was taken in the name of C. P. Wasmer, an officer of the Janss Finance Corporation, and an employee of the Janss Investment Company. The purchase price was paid by the Janss Finance Corporation by checks issued in the name of C. P. Wasmer, the first cheek for $1,000 paid out of escrow being made to ‘Alonzo Moore, Agent’, as payee. Subsequently, C. P. Wasmer deeded the property to the Janss Finance Corporation, which deeded it to Dr. Foster K. Collins and Pearl Collins, his wife, whom Jess Smith had represented. Plaintiff received from the defendants C. P. Wasmer and Janss Finance Corporation the sum of $40,000 cash as the purchase price. Dr. Collins and his wife, in taking the property, paid the Janss Finance Corporation $4,209.86 in cash, took an assignment of a condemnation award which was not yet due to make the balance of $12,500, refinanced other property to the extent of $15,000, and agreed to the payment of the balance of a price of $55,000 over a period of years.”

Respondents’ brief likewise presents a fair statement of the findings of the trial court, in the following words: “The trial court found, in substance, that the property was of the market value of $40,000; that the plaintiff had not employed any of the defendants as her agents in the transaction; that neither Jess Smith personally or as the agent of Janss Finance Corporation, and/or the Janss Finance Corporation itself, violated any trust imposed in them by