Wm. E. Doud & Co. v. Smith

This is an action to recover a real estate commission. Defendants’ demurrer was sustained to counts II, III and IV of the second amended complaint without leave to amend. Plaintiffs have appealed from the ensuing' judgment of dismissal.

In the second cause of action it is alleged that Smith and Siegel were the owners of a large tract of unimproved land in Ventura County suitable for subdivision. They indicated to plaintiffs their desire to sell this property, but refused to give plaintiffs a general brokers listing, stating that the price and terms at which they would sell the property would depend on the financial strength of the prospective purchasers and their experience as subdivision developers. It was orally agreed that if plaintiffs located a prospective purchaser satisfactory to Smith and Siegel and negotiations were entered into, Smith and Siegel would issue a written memorandum to plaintiffs acknowledging the beginning of such negotiations and agreeing to pay plaintiffs, upon consummation of a sale of the property to such prospective purchasers, a commission.

Plaintiffs obtained expressions of interest in the purchase of this property from Mark Kornwasser, and Byron…