King

King v. Tilden Park Estates

Good Law
156 Cal. App. 2d 824·1958 Cal. App. LEXIS 2491·320 P.2d 109
Court of Appeal of CaliforniaJanuary 20, 1958Civ. 17582California2,861 words

Opinion

Opinion

Kaufman, J.

This is an appeal from a judgment of nonsuit in favor of respondents. The motion for a nonsuit as to respondent Pringle-Hurd and Company, Inc., was granted at the conclusion of appellant’s opening statement on the ground that the terms of the agreement were not determined at the time the respondent agreed to pay the commission. The motion for a nonsuit as to respondents Gillett and Tilden Park Estates was granted at the close of appellant’s ease in chief on the ground that the alleged agreement violated the Statute of Frauds.

The amended complaint stated three alternative causes of action: the first on an oral broker’s agreement for compensation for obtaining the assignment of a contract right to purchase real property; the second in quantum meruit for the reasonable value of the services rendered by the appellant to the respondents in the amount of $141,500; the third for the expenses incurred by the appellant in handling this transaction for the respondents in the amount of $8,500.

The facts as disclosed by the record are as follows: The plaintiff and appellant, Robert W. King, has been a licensed real estate broker in California since 1946. Early in 1951 appellant received a…

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