Anthony

Defendants appeal from the trial court’s judgment granting relief in favor of respondents in an action brought for recovery of a real estate broker’s commission and punitive damages. The background facts leading to the litigation may be summarized as follows.

On November 6, 1969, appellants Ralph and Ann Enzler (“Enzlers”) entered into an exclusive listing agreement (“Listing Agreement”) with respondents Dorothy Bushman Anthony and Laurel Roderick Cameron, doing business as C/H Realty (“C/H Realty”) for the sale or other conveyance of approximately 105 acres of land and two residential homes situated in Auburn, California. The Listing Agreement called for the payment of 10 percent commission if the land was sold, exchanged or conveyed within the duration or within three months after the termination of the contract. Pursuant to the verbal understanding of the parties, however, the broker’s commission on the sale of the homes was fixed at 6 percent of the sale price. It was likewise agreed that the commission would also be paid to cooperating brokers who procured or attempted to procure a purchaser.

On December 16, 1969, a cooperating broker, respondent Sark Pashayan,…