Quitzow v. Perrin

Citations

• 120 Cal. 255
• 52 P. 632
• 1898 Cal. LEXIS 746

Syllabus

<p>Commissions op Real Estate Agent—Sale and Exchange of Lands—Re-conveyance of Greater Part upon Disapproval—General Verdict foe Reduced Commissions.—In an action by a real estate agent to recover commissions upon the sale and exchange of lands, under a contract providing that commissions were to be earned at the time when actual transfer by deeds of conveyance was executed, where it appeared that conveyances were executed between the employer and a purchaser procured by the agent, for a large consideration, but upon • disapproval by the employer of the lands received in exchange, ■the greater part of the lands were reconveyed, a general verdict for the plaintiff for greatly reduced commissions, is to be accounted for by the intention of the jury to treat the lands reconveyed as® not the subject of commissions earned, and where it appears that the jury might have been justified in granting the whole of the commissions claimed under the contract, the defendant has no ground of complaint against the verdict for the reduced amount.</p> <p>2d.—Expense of Procuring Abstract—Reasonable Charge—Schedule of Rates.—The real estate agent was entitled to recover a reasonable sum. paid for procuring a necessary abstract of title for the benefit of his employer; and where the sum paid therefor appears to be reasonable, the fact that the searcher of records, who was paid for such abstract, based his charges upon a schedule of rates charged for such service by members of a real estate board, and in accordance with its rules and customs, and that evidence of such schedule of rates was received as part of the testimony of such searcher of records is immaterial, and such evidence, even if erroneous, is without apparent injury.</p> <p>3d.—Costs—Recovery Less than Three Hundred Dollars—Jurisdiction— Review of Orders.—The court has no authority to grant costs in an action for the recovery of money, where the recovery is less than three .hundred dollars; and when the judgment for less th