Witte v. Taylor

Citations

• 110 Cal. 224
• 42 P. 807
• 1895 Cal. LEXIS 1045

Syllabus

<p>Contract—Commission on Purchase of Land—Indivisible Condition.— A written contract, by the terms of which the promisor agrees to pay a stipulated commission after the expiration of a certain time from the date of the delivery to him of a deed to an undivided half interest in a particular tract of land, is indivisible, and the promisee does not acquire a pro tanto right to the commission upon the delivery to the promisor of a deed for a less interest in the land.</p> <p>Id. —Pro Tanto Right to Commission.—Conceding that a pro tanto right to such commission might result from the conveyance of a less interest in the land to the promisor, such right could not mature until after the expiration of the time limited by the contract for the payment of the stipulated commission.</p>