Lindley v. Fay

Citations

• 119 Cal. 239
• 51 P. 333
• 1897 Cal. LEXIS 886

Syllabus

<p>Real Estate Bbokee—Commissions upon Sale—Reasonable Compensation—Pleading—Gbnebal Demubbeb to Complaint — Ambiguity — Teems op Employment.—Where the complaint in an action by a real estate broker for the recovery of commissions upon a sale of real estate alleged employment of plaintiff by defendants, to sell certain lands, and an agreement to pay him a reasonable compensation for his services, provided he should succeed in selling the same on terms satisfactory te the defendants, and that he found a purchaser who entered into an agreement in writing with the defendants for sale of the lands, in which writing defendants also agreed to pay the plaintiff the regular commissions out of the first moneys received, the question whether the complaint is ambiguous or uncertain as to the terms of the employment is not raised upon general demurrer to the complaint.</p> <p>Id.—CONSTEUOTION OF COMPLAINT—CONTBACT ALLEGED—RECITAL IN WbITTEN Agbeement—Vabiance.—Only one contract is averred in such complaint, and that is to find a purchaser upon terms satisfactory to the defendants, for a reasonable compensation, and the statements as to the contents of the written agreement between the purchaser and the defendants is a mere recital, which does not help out or vary the terms of the alleged employment; and where there is no proof of the contract alleged, the contract recited in the writing is not, so far as concerns the compensation, the contract averred in the complaint.</p> <p>Id.—Contbact to Pay Commissions out of Fibst Moneys Received—Failuee to Consummate Contbact.—Under a written contract to pay the commissions of a broker out of the first moneys received, the broker is not entitled to compensation when he finds a purchaser ready, willing, and able to purchase on the prescribed terms; but there must be a sale and a first payment to entitle him to recover; and where the sale was not consummated, by reason of the purchaser not accepting the title, and the alleged contract was