Duffy

Defendants Ralph F. and Emily J. Campbell (sellers) and Tom Snook (buyer) appeal from a judgment in favor of plaintiffs Tom Duffy and K/R Sales, Inc., (brokers) for damages resulting from defendants’ breach of a contract to pay a real estate transaction commission.

Appellants Campbell (the sellers) owned property at 2308 Bates Avenue, Concord. They listed their property for sale with respondent Tom Duffy, a licensed real estate broker. The listing agreement was dated February 16, 1961 and was to expire May 16, 1961. The agreement stated an asking price of $39,500 cash, provided for multiple listing of the sellers’ property with other brokers and stipulated that the sellers would pay a 6 percent broker’s commission.

On February 17, 1961, the Campbells executed an “Authorization to Sell” in behalf of Duffy. This authorization also contained the sellers’ promise to pay a 6 percent broker’s commission.

Toby Van Pelt, a real estate salesman employed by K/R Sales, Ine., interested appellant Snook in the Campbell property. Snook decided to make an offer. He signed a “Deposit Receipt” for Van Pelt, dated March 28, 1961. He offered to buy the subject property for the listed price of…