Williams v. United California Bank

Plaintiff appeals from a judgment, without a jury trial, in favor of defendants in an action for a real estate broker’s commission.

Questions Presented

1. Was the sale to Island Farms Company under the option set forth in the Nomellini Farms agreement?

2. Should parol evidence have been admitted ?

Record

. Plaintiff, a real estate broker, filed a complaint against United California Bank, successor to First Western Bank and Trust Company, as executor of the will of Louis Golden-son, deceased, and Irma Goldenson for the recovery of a real estate broker’s commission. The first count of the complaint was based upon an agreement dated August 12, 1959, executed between Louis Goldenson (now deceased) and defendant Irma, as lessors, and Nomellini Farms, Inc., a corporation, as lessee. It is alleged that pursuant to that agreement the bank, as executor, and Mrs. Goldenson, sold the property described in the agreement to Island Farms Company, Inc., a corporation (successor in interest to Nomellini Farms) for $241,559.50, and that by reason of such sale defendants bank and Mrs. Goldenson became indebted to plaintiff in the sum of $14,493.57. The second count is for the same commission,…