Rodes

This is an appeal by the plaintiff from a judgment which decreed among other things that he should not be entitled to damages or specific performance of a contract with reference to the purchase of certain real property.

A résumé of some of the facts is as follows:

Plaintiff, a licensed real estate broker, maintained an office in the Lancaster area where he conducted his business. He had been in the area for many years and was familiar and acquainted with properties in the vicinity which were being purchased and sold. The defendant owned a parcel of real property which was located in the Lancaster-Antelope Valley area. Prior to March 6, 1958, the defendant had listed her property (consisting of approximately 6 acres) with the plaintiff for sale at a price of $6,500. It may be assumed that the plaintiff made at least some effort to sell the defendant’s property at the price quoted. By reason of a favor which had been performed by the defendant for the plaintiff previously, plaintiff had indicated that he would not charge her the usual real estate broker’s commission if he sold her property. Plaintiff later in talking with the defendant told her it would be better for her to sell…