Babcock

Plaintiffs sued Pacific Island Village, Inc. and defendants Robert L. Houston and Louise Houston to recover real estate brokers’ commissions. Judgment was entered in favor of the brokers against the corporate defendant but not against the individuals. Plaintiffs appeal from that portion of the judgment adjudging that plaintiffs take nothing against the Houstons.

The findings reflect the following pertinent facts:

On October 22, 1968, Robert Houston executed a written agreement with plaintiffs Teal and Babcock giving them the exclusive right to sell lots in a tract known as Pacific Island Village No. III. The agreement lacked a definite termination date as required by Business and Professions Code section 10176, subdivision (f). Shortly thereafter Houston formed Pacific Island Village, Inc. with the Houstons as the sole stockholders. The corporation acquired title to the tract and constructed houses on it. Meanwhile Teal and Babcock formed a realty corporation known as Teal and Babcock, Inc. and proceeded to sell the houses through the realty corporation and received commissions therefor.

On April 13, 1970, Houston terminated plaintiffs’ services. As of that date seven…