267 P. 112 | Cal. Ct. App. | 1928
Plaintiff sued to recover commissions she alleged she earned in procuring purchasers for defendant of office spaces in a building to be erected. Judgment was given for defendant.
Plaintiff appeals from the judgment, and her appeal is made pursuant to the alternative method provided for in sections 953a, 953b, and 953c of the Code of Civil Procedure. However, she did not print in her briefs or in a supplement thereto sufficient of the record to indicate that the trial court committed any error in giving judgment for defendant. The only portions of the record so printed are one paragraph of plaintiff's amended complaint, the paragraph of defendant's answer thereto, and the findings made by the *540 court consisting of one paragraph. The paragraph from the amended complaint recites that plaintiff and defendant made a contract whereby plaintiff was employed by defendant to interview prospective purchasers of office spaces in a building to be erected, to advertise the proposed building and to otherwise interest various persons therein, as defendant should direct, and to induce such prospective purchasers to interview defendant, and that defendant should pay to plaintiff five per cent of the purchase price of any office which defendant might sell to persons produced by plaintiff. The paragraph of the answer so printed denies the specific contract pleaded by plaintiff, but alleges that plaintiff and defendant entered into a verbal conditional contract of such employment providing that defendant should pay plaintiff five per cent "on the total purchase price of any office sold by or through the efforts of plaintiff, only in the event that said office building was erected and then only upon the moneys actually received by the defendant from purchasers furnished by plaintiff, and paid in upon the completion of sales upon said offices in said building." The paragraph of the findings printed is to the effect that no written agreement was signed by defendant authorizing or employing plaintiff as an agent or broker to sell offices in the proposed building.
The principal difference between the allegations of the amended complaint and of the answer thereto above referred to is that the allegations of the amended complaint imply and in effect allege that the agreement mentioned was in writing and signed by defendant (Alaska Salmon Co. v. Standard Box Co.,
Defendant was the owner and holder of a ninety-nine year lease upon the real property and he proposed to cause an office building to be erected on the property by a corporation, and to sell ninety-nine year leases of office spaces in the building, and plaintiff's employment was to assist defendant in making sales of the office leases. Defendant was not a real estate broker and had no license as such, but in his dealings with plaintiff he treated the ninety-nine year lease and the proposition for the erection of the building as his own. [2]
Upon those facts another reason appears why appellant's contention is not well founded, viz.: Our courts have repeatedly held that if a finding is made upon an issue which determines a cause, other issues become immaterial and a failure to find thereon does not constitute prejudicial error. (Wilbur v.Wilbur,
The judgment is affirmed.
Works, P.J., and Craig, J., concurred.