Martin v. Ede

Citations

• 103 Cal. 157
• 37 P. 199
• 1894 Cal. LEXIS 741

Syllabus

<p>Real Estate Broker—Recovery of Commissions—Proof Required.— Under a written authority to a real estate broker to obtain a purchaser for land at a stated sum, within a specified period, for an agreed commission, in order to entitle the broker to recover the commissions agreed upon it is only necessary to show that, in pursuance of his employment, and within the time specified therein, he found a purchaser ready and willing to purchase the property on the terms specified in the authorization.</p> <p>Id.—Broker’s Knowledge of Title Immaterial—Right of Compensation.—A real estate broker has nothing to do with the title or ownership of the property, and his knowledge as to the title, or the equitable estate of a third person therein, is of no consequence; and his right to the compensation contracted for does not in any way depend on the validity or invalidity of the defendant’s title to the property.</p> <p>Id.—Broker Not Chargeable With Expense of Suit by Purchaser.— A real estate broker who does not exceed his authority under the agreement in obtaining a purchaser is not legally liable for expenses incurred in a suit by the purchaser for' specific performance of the contract of purchase against the owner of the property.</p> <p>Id.—Application of Payments—Rent Account—Interest.—Where interest due on the demand in favor of the broker is in excess of a rent account due to the defendant at the time the rent account accrued, the court may properly apply the rent account on the interest then due the plaintiff, and refuse to allow interest on the rent account.</p> <p>Id.—Interest on Broker’s Commissions.—A demand for broker’s commissions, which is capable of being made certain by computation, draws interest from the time when it became due, under section 3287 of the Civil Code.</p>