McPhail v. Buell

Citations

• 87 Cal. 115
• 25 P. 266
• 1890 Cal. LEXIS 1103

Syllabus

<p>Brorer’s Commissions on Sale of Real Estate — Assumpsit — Parol Contract—Quantum Meruit — Statute of Frauds.—To entitle a broker to recover commissions due for the sale of real estate, his contract therefor must be in writing, and no recovery can he had upon a verbal contract or on a quantum, meruit.</p> <p>Id. — Conditional Contract for Commissions — Failure of Condition. — Under an agreement by a vendor to pay a broker a commission for selling land when the vendees paid a specified sum on account of the price, and executed their notes and a mortgage for the balance, no recovery can be bad for the agreed commission, if the purchasers merely executed their notes and mortgage to the vendor, hut never paid the sum required, and on account of their failure to make such payment the vendor was compelled to take back the property.</p> <p>Appeal — Review — Error without Prejudice. — Where the record shows that the appellant is not entitled to recover in any event, error in rulings of the court upon the admission of evidence cannot entitle him to a reversal of the judgment.</p>