Toomy v. Dunphy

Citations

• 86 Cal. 639
• 25 P. 130
• 1890 Cal. LEXIS 1083

Syllabus

<p>Statute of Frauds — Employment of Keal Estate Broker — Sufficiency of Memorandum. — A writing, signed by the principal, which states' that the agent “can arrange for the sale of my ranch in Nevada, as per within memorandum, ” is a sufficient memorandum of employment under the statute of frauds.</p> <p>Id.—Contents of Memorandum — Compensation.—Section 1624 of the Civil Code does not require that a written agreement or memorandum authorizing or employing an agent or broker to sell real estate shall express that the employment is for compensation or a commission.</p> <p>Id. —Presumption of Consideration. —Such written contract of employment is presumptive evidence of consideration, and raises a presumption that the defendant, as principal, had agreed to pay the plaintiff, as his agent or broker, a consideration for services rendered under the contract.</p> <p>Id.—Action for Broker’s Services — Quantum Meruit — Evidence.— In an action upon a quantum meruit for the reasonable value of services rendered under such written memorandum of employment, the written memorandum is admissible, though not specifying the commission or compensation; and evidence is admissible to show what services were rendered under’the contract, and the reasonable value thereof.</p> <p>Remiddial Statutes — Construction. — A statute remedial in its object, if its meaning is doubtful, will be construed so as to suppress the mischief adverted to, and advance the remedy.</p>