Small
Small v. Smith
Opinion
Opinion
Irwin, J.
Petitioner’s license as an inactive real estate broker was revoked pursuant to Business and Professions Code sections 10177, subdivision 0 and 10177, subdivision (f) for dishonest acts. The revocation was pursuant to the recommendations and proposed decision of a hearing officer after an administrative hearing which was duly held on the 15th of May, 1969. Thereafter petitioner sought a writ of mandate to order the commissioner to reinstate appellant’s real estate broker’s license. The superior court denied the writ and this appeal followed.
We must affirm the judgment denying the writ for the reasons hereinafter set forth.
The Facts
In 1953 William Porter and Willabel Porter purchased 20 acres of unimproved land in San Bernardino County. On December 20, 1961, the Porters entered into an installment sales contract whereby the Porters agreed to sell and convey this land to appellant and his wife, the Smalls, for $.15,000 with $500 down and payments of $135 a month starting February 1, 1962. Paragraph A of this agreement set forth the following: “In addition to the said $135.00 payments the buyer herein shall pay an additional $100 per month for a period of 10 months or…