Schantz

Plaintiff sued to recover $18,166 in real estate brokerage commissions allegedly earned by him as a result of procuring two- leases for defendants. The cause was tried by the court without a jury. Judgment was rendered for defendants. Plaintiff appeals.

The Facts

The court found generally in favor of plaintiff and denied recovery solely on the basis that plaintiff failed to prove he was a duly licensed real estate broker as required by Business and Professions Codex section 10136. Specifically, the court found that “plaintiff procured leases for defendants with Goodyear Tire and Rubber Company,” which defendants executed and accepted; that defendants executed certain “commission schedules” attached to the complaint as exhibits “A” and “B”; that these “Commission schedules . . . constitute agreements by defendants to pay real estate commissions to plaintiff for the procurement of the above mentioned leases for the terms and at the rates as set forth in said schedules.”

With respect to the licensing problem, the following appears. Although the court made no finding on the point, the undisputed evidence establishes and defendants concede that, at all times pertinent to…