Porter v. Fisher

Citations

• 4 Cal. Unrep. 324
• 34 P. 700
• 1893 Cal. LEXIS 1102

Syllabus

<p>Brokers — Parol Contract — Divisibility.—Though, under Civil Code, section 1624, a parol contract employing a broker to sell land is invalid, a broker employed to sell or exchange land, and the personalty thereon, under an agreement for a commission of five per cent on the price may, on bringing about an exchange, recover five per cent on a separate valuation placed on the personalty by the principal, though in the exchange, as between the parties thereto, there may have been no division of the consideration, as the contract, in such case, is divisible, and that part as to the land is not unlawful, but merely incapable of enforcement.</p> <p>Brokers — Parol Contract — Divisibility. — It is immaterial whether the separate valuation was placed on the personal property by the principal before or after the exchange, or to whom he made the statement as to the valuation, since it is an admission that the personal property was exchanged at such valuation, so that its price can be separated from the gross sum involved in the exchange.</p>