Wolters v. King

Citations

• 119 Cal. 172
• 51 P. 35
• 1897 Cal. LEXIS 874

Syllabus

<p>Action fob Lumber Sold and Delivered—Sale . of Land for Lumber— Agency for Owner—Contract for Benefit of Lumber Firm—Separate Agreements in One Transaction.—Where a member of a copartnership engaged in the business of buying and selling lands, acting for the benefit of bis firm, and also as agent for the sale of a tract of land, effected a sale of the land in his own name to a corporation engaged in the business of manufacturing lumber near to the land, agreeing that the price fixed should be paid in lumber to be delivered to him at specified rates, and on the same day made a separate agreement with the owner of the land reciting that he had acted as agent of the owner in effecting the sale, and that such owner was to be paid for the lumber by him at the rates specified, each lot delivered to be paid for to the owner at those rates ninety days after delivery, with agreed interest, and that the owner was to sell the lumber to him at those rates, and should pay him a commission for effecting the sale, payable in lumber at the rates fixed, the two agreements are to be considered as parts of one transaction, and as binding the firm for whose benefit they were made, and an action will lie in favor, of the owner of the land against such firm for lumber sold and delivered to them under the agreement.</p> <p>Id.—Time for Payment of Commission—Contemporaneous Oral Agreement for Postponement—Parol Evidence.—Though, as a general rule, a broker or agent for the sale of land for a stipulated commission has earned and is entitled to his commission when he has found a purchaser able, ready, and willing to take the land at the price and within the time agreed upon, yet where no time for the payment of the commission was definitely agreed upon in the written contract, parol evidence is admissible to show that, contemporaneously with the execution of the written agreement, it was orally agreed between the agent and the owner of the land, that the commission, which was to be paid t