Heyn v. Philips

Citations

• 37 Cal. 529
• 1869 Cal. LEXIS 91

Syllabus

<p>Contract to Find Purchaser of Land.—A contract by which P. agrees that if H. will, within a fixed time, find a purchaser of P.'s land at two hundred dollars per acre, P. will sell and convey the land to the purchaser, and that H. may have for his services all that can bo obtained from the purchaser over two hundred dollars per acre, is not a contract for the sale of any land or interest in land, within the meaning of the eighth section of the Statute of Frauds.</p> <p>Liability on Contract to Find Purchaser of Land.—A contract between P. and II., by which P. agrees that if II. will find a purchaser of P.'s land at a certain price, P. will sell to the purchaser at such price, and that II. may have for his services all that the purchaser will pay over such price, is a mere contract of employment; and if II. finds the purchaser, and P. refuses to sell, II. may recover from P. for his services what the purchaser was willing to pay over the price.</p>