Blumenthal v. Goodall

Citations

• 89 Cal. 251
• 26 P. 906
• 1891 Cal. LEXIS 806

Syllabus

<p>Beal Estate Broker—Bight to Commissions—Bevocation of Authority before Completion of Sale. — Where a broker, employed to sell land, in good faith finds a purchaser within the period allowed by the terms of the written contract of employment, and prior to the revocation of his authority places the matter in such a position that success is practically certain and immediate, the revocation by the vendor of the broker’s authority and the termination of his agency before the completion of the sale, against the express provisions of the contract of employment, does not deprive the broker of his right to his commissions, but the principal is liable therefor, if the purchaser is ready and willing to pay the purchase-money before the expiration of the contract period.</p> <p>Breach of Contract — Prevention of Performance — Damages. — Where the performance by one party of a contract is prevented by the act of the other, the party not in fault may recover in damages such sum as will fully compensate him for the injury which he has sustained by reason of the non-performance of the contract.</p>