Yoakum

This is an action to recover a real estate commission. Judgment was rendered in favor of defendant Tarver. Plaintiff has appealed.

In 1962 and for sometime prior thereto, defendant Manito, Inc. was the owner of certain improved real property known as the Monticello Motel. Although the corporation had not issued stock, defendants Niekum and Tarver were the principal, if not the only, investors therein, the officers of the corporation, and conducted its business.

A dispute arose between Tarver and Niekum, and in September 1962, Niekum filed an action against Tarver in the superior court to resolve the dispute by liquidating and winding up the corporation and dividing the proceeds between Tarver and Niekum. The motel property was the only asset of defendant Manito, Inc.

For some time prior to December 14, 1962, one Joseph Gr. Langdon was a real estate salesman employed by plaintiff and had been negotiating with Niekum to acquire the Monticello property. He had known Niekum for some 15 years and knew of the dispute between Tarver and Niekum, and that the latter had filed a lawsuit against Tarver to liquidate the corporation and had discussed the situation wih Yoakum.

Langdon’s…