Louison

Defendant, J. D. Yohanan, appeals from a judgment (as well as a postjudgment order for attorney fees) entered on a special jury verdict in the amount of $42,500 in favor of plaintiff, C. Louison, in her action for breach of contract for the sale of a commercial building located at 234 Ninth Avenue, San Mateo, California. He contends that: 1) as a matter of law, there was no breach, as the two-party purchase agreement was superseded by the subsequently executed escrow documents required for the three-party tax deferred sale and exchange transaction; 2) Louison’s agent had the authority to negotiate the lease addenda; and 3) the court erred by refusing his proffered instruction that an agent can bind his principal. For the reasons set forth below, we have concluded that the judgment and the subsequent order granting Louison attorney fees must be affirmed.

Viewing the record in favor of the verdict and judgment, as we must, the following pertinent facts appear: On September 14, 1976, Louison engaged the services of a real estate broker, Richard E. Ekman, to sell her commercial building at 1623 Pine Street, San Francisco, or to arrange a tax deferred exchange for another…