Coulter

The respondent, a real estate broker, filed her complaint to recover a commission of five per cent upon the purchase price of a certain piece of property described as lots 7, 8, 9 and 10 in block 200 of Villa Farms tract, near the city of Santa Monica in Los Angeles County. The complaint alleged that plaintiff had procured a purchaser for the real property according to the terms of her employment and had duly performed all of the conditions of said contract on her part to be performed. The answer denied the employment, denied the performance of the conditions of the contract on the part of the broker and denied the acceptance by the defendant of any agreement with any purchaser procured by the plaintiff. Upon a former trial of the case the defendant had judgment against the plaintiff and the case was appealed to the Supreme Court. The decision reversing the judgment of the lower court is found in the case of Coulter v. Howard, 203 Cal. 17 [ 262 Pac. 751 ]. A second trial was had and judgment was rendered in favor of the plaintiff, respondent herein, the trial court finding that all of the allegations of the complaint were true and that all of the allegations of the answer, with…