Beggerly

Plaintiff Richard Beggerly brought this action against defendants Joseph Gbur and John Morris for damages for anticipatory breach of an oral contract in failing to pay commissions allegedly due plaintiff in connection with the sale of the Wood Ranch in Ventura County. At the conclusion of plaintiff’s case in chief, in a trial by the court without a jury, the court granted defendants’ motion for judgment pursuant to section 631.8 of the Code of Civil Procedure. Thereafter, findings of fact, conclusions of law and judgment were made and entered accordingly. Plaintiff appeals from the judgment.

I

The Factual Background

On September 21, 1976, Beggerly, as salesperson, and Gbur, as broker, doing business as Home Realty, entered into a written “Broker-Salesperson Contract” wherein Gbur agreed, at Beggerly’s request, to make available to Beggerly all current listings in the Home Realty office in Thousand Oaks, to provide Beggerly with use of the facilities of the office, and to furnish such advice as Beggerly shall desire; and Beggerly agreed “to perform no other activities in association with Broker, except to solicit and obtain listings and sales, rentals, or leases of…