Neville
Neville v. Higbie
Opinion
Lead Opinion
Stephens, J.
At the opening of this case in the superior court objection was made and sustained that no cause of action was stated in the complaint and after plaintiffs had declined to amend, judgment was had against them.
The action is for the recovery of damages for slander of title and the claimed facts are roughly as follows: An exclusive agency in writing was given by plaintiffs to defendants, giving thirty days in which to cell the property in question. An oil boom made the property salable at a high figure and also leasable at an attractive price, but defendant agents would not close a deal. Plaintiffs, by a written notice, attempted to revoke the agency and proceeded to enter into an escrow to sell a part of the property and to lease a part of it. Before either of the deals were consummated defendants caused the agency-authorizing instrument to be officially recorded, thus bringing notice of the agency to the intended purchaser and intended lessee, and both of the deals failed for this reason. The acts of defendants are alleged to be malicious and false. 'The boom soon collapsed and the land’s valuation with it.