Grant

Grant v. Marinell

Good Law
112 Cal. App. 3d 617·169 Cal. Rptr. 414·1980 Cal. App. LEXIS 2488
Court of Appeal of CaliforniaNovember 25, 1980Civ. 58390California1,232 words

Opinion

Opinion

Kaus, J.

Plaintiff appeals from an order dismissing his action after a demurrer to his first amended complaint was sustained without leave to amend. He contends that the trial court erred in holding that his complaint for breach of an oral contract was barred by the statute of frauds.

The facts alleged are these: In July, 1975, plaintiff entered into an oral agreement with defendant, a licensed real estate broker, under the terms of which plaintiff was to introduce defendant to parties interested in securing the services of a real estate broker. It was agreed that if defendant’s employment as a broker should result from any such introductions, defendant would pay plaintiff, as a finder’s fee, 10 percent of any income defendant received. Plaintiff introduced defendant to two . prospects and claimed that the introductions resulted in income to defendant totaling $63,800. When defendant refused to pay the promised finder’s fee, plaintiff sued to enforce the alleged oral agreement. Defendant demurred on the ground that plaintiff’s complaint was barred by the statute of frauds (Civ. Code, § 1624, subd. 5.) After affording plaintiff a chance to redraft his complaint, the trial court…

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