Martin

The Case

On March 10, 1972, Jimmie Martin and Doris G. Martin, husband and wife, plaintiffs and respondents (hereinafter referred to as the Martins), filed a complaint in the superior court for specific performance of land sale contract which involved the sale and purchase of a house in Redondo Beach, California. The Martins named as defendants Roger R. Baker, Dolores L. Baker, appellants herein (hereinafter referred to as the Bakers), one Nat Vogel, an employee of another named defendant, Ronald Turner, also known as Alan Turner Realtors, and others.

The Bakers answered the complaint and filed a cross-complaint “for rescission and damages” which was answered by the Martins. The other named defendants also filed a cross-complaint which was answered by the Martins.

The record on appeal reflects, generally, that the Bakers were contacted by one Nat Vogel, an employee of Alan Turner Realtors, that he (Vogel) had a buyer for their home, so the Bakers entered into an Exclusive Right to Sell Agreement with Alan Turner Realtors. On or about October 22, 1970, the Martins entered into an agreement with Mr. Vogel to purchase the Baker home. On or about October 27, 1970, the…