Rivers

Defendants appeal from a judgment, without jury trial, in favor of plaintiffs in the sum of $1,800.

Questions Presented

1. Is the agreement to build “a speculative home" on each of three lots unenforceable because of uncertainty and incompleteness ?

2. Applicability of sections 2466 and 2468, Civil Code.

3. Is judgment in favor of plaintiff Jackman supported?

Record

In 1955, Vera Rivers, a licensed real estate broker, doing business as Vera Rivers Realty, interested defendants in three lots for sale in San Rafael, the price of which was $16,500. Defendants counteroffered $13,500. The owners refused to accept less than $15,000. In order to consummate the sale, defendants told Vera Rivers that she would have to waive the brokerage commission. Defendants were buying the property to build houses on it for sale. Vera Rivers agreed to waive the commission, provided she was given an exclusive agency to sell the houses to be built. The following agreement was then entered into:

The court found “That the term ‘speculative home’ means a home built with expectation of selling it for profit, and said meaning of said term was understood by both of the parties hereto; and that in…