Kaufmann

Defendant owned an apartment house located at 1265 Washington Street, San Francisco. Plaintiffs, Kaufmann and Warda, are real estate brokers, operating as a partnership. On August 23, 1956, defendant executed a standard “Uniform Authorization to Sell,” designating plaintiffs as the exclusive agents, until October 30, 1956, to sell the property for $98,500 and agreeing to pay them a commission of 5 per cent thereof in the event of a sale. Plaintiffs found a buyer but defendant refused to sell. Thereupon, plaintiffs sued defendant for their commission and recovered a judgment for $4,925, from which defendant appeals.

The authorization agreement signed by defendant describes the property to be sold as “Lot and improvements known and designated as 1265 Washington St.” The terms of payment are stated as follows: “29% down payment balance to be paid at 400- per mo or more including interest at 5%. Possession by agreement.” These provisions were filled in on the printed form by one Trkola, a salesman employed by plaintiffs, and he signed the agreement on their behalf after defendant had signed as “Seller.”

One of the issues in this case is whether any furniture in the apartments was…