Zeimer v. Antisell

Citations

• 75 Cal. 509
• 17 P. 642
• 1888 Cal. LEXIS 573

Syllabus

<p>Broker—Sale of Land—Authority how Evidenced.—To entitle a broker to recover commissions for effecting a sale of real property, he must show that he was employed by or on behalf of the owner to make the sale, and that his authority, or some note or memorandum thereof, was in writing, subscribed by the party to be charged, or by Ms authorized agent.</p> <p>Id.—Broker when Barns Commission.—Before a broker can be said to have earned his commission, it must also be shown that he produced a purchaser who was ready and willing to make the purchase on terms satisfactory to Ms employer, and that he was the efficient agent or procuring cause of the sale; also that he performed the duty assumed by him within the time limited in his contract, or within such extension of time as may have been granted by his employer. If he failed to do that, he is not entitled to the commission, even though he made efforts to seE the property, and first called it to the attention of the party who subsequently made the purchase, unless the delay was caused by the negligence, fraud, or fault of the owner.</p>