110 Cal. 224 | Cal. | 1895
This is an action to recover commissions for the sale of certain real estate. A general demurrer was sustained to the complaint, and plaintiff appeals from the judgment rendered thereon. The action is based upon the following clause of a written contract entered into between plaintiff and defendant:
“ It is further understood and agreed that when said Taylor can secure from Plez James, of Anaheim, a deed conveying to said Taylor the undivided one-half interest in said ranch now owned by said Plez James in said Nevada ranch, then said Taylor will pay said Witte the sum of $2,000 as a commission on said purchase and sale from said James;, and said Taylor agrees that he will purchase said lots in East Riverside and Hastings from said Witte for the sum of $1,000, the said purchase from said James to be at terms satisfactory to said Taylor, and the said sums of $2,000 as commission and $1,000 for lots to be due and payable at any time after six months from date and delivery of deed from said Plez James for said one-half interest in said ranch to said Taylor.”
The complaint sets out the contract, and then alleges that plaintiff used his best efforts to make the sale, and succeeded in obtaining from James an offer to sell said undivided one-half of the ranch to defendant, but that defendant refused to purchase said undivided one-half, but thereupon purchased an undivided one-third from said James upon terms satisfactory to him, defendant The complaint prays for judgment for the sum of $1,333.33, that sum being a proportionate amount of the agreed compensation of $2,000.
For the foregoing reasons the judgment is affirmed.
Harrison, J., and Van Fleet, J., concurred.