Justice
Justice v. Ackerman
Opinion
Opinion
Vallee, J.
Appeal by defendants from an adverse judgment in an action to recover a broker’s commission on the sale of a bowling alley, saloon, and restaurant.
The only question for decision is whether the evidence supports the finding that “plaintiff was the effective and procuring cause of the sale,” in other words, that plaintiff produced purchasers able, ready, and willing to buy.
Defendants, as partners, were the owners of a bowling alley business consisting of a liquor license, stock in trade, fixtures, equipment, and good will. On January 21,1957, defend ants gave plaintiff an exclusive listing in writing in which they authorized him to sell the business and agreed that in the event of a sale during the effective period of the listing they would pay him a commission on closing of escrow.
The listing expired March 1, 1957. At that time plaintiff had not procured a buyer for the business. Defendants refused to renew the exclusive listing but agreed with plaintiff that he continue his efforts to obtain a buyer. Plaintiff did so through his salesman, Mr. McAlwee.
In May 1957 plaintiff contacted a Mr. Linstedt. Linstedt and defendants negotiated until the end of July 1957. About July 10…