Contemporary Investments, Inc. v. Safeco Title Insurance
Opinion
Opinion
Wallin, J.
Plaintiff Contemporary Investments, Inc., a real estate brokerage firm, sued First City Financial Corporation (Financial), Robert and Kathleen Fransen (the sellers), and Safeco Title Insurance Company for damages resulting from Financial’s and the Fransens’ refusal to pay a brokerage commission. Safeco alone appeals. Judgment was given against it on an intentional interference with contract count.
Facts
On October 26, 1979, the Fransens and Financial signed a real estate purchase contract and deposit receipt agreeing to sell certain property in Orange County to buyers. The contract promised a $7,950 commission to Contemporary on recordation of the deed.
An escrow was opened at Safeco. However the contract providing for payment of the commission was not deposited in the escrow. By April 2, 1980, both the Fransens and Financial signed escrow instructions directing that Safeco pay a $7,950 commission to Contemporary from the sale proceeds at the close of escrow. The transaction was set to record at 8 a.m. on April 9, 1980. On April 8, 1980, at 5:02 p.m., Fransens and Financial delivered to a Safeco secretary an escrow instruction revoking the commission order.