Deovletian
Deovletian v. Whitney
Opinion
Lead Opinion
Langdon, J.
This is an appeal by the defendants from a judgment for two thousand dollars against them, in an action to recover commissions upon the sale of real estate. Defendants were in the real estate business and plaintiffs were working for them under a contract which, in so far as it is relevant here, reads as follows:
From the record it appears without contradiction that the defendants had listed in their office, independently of any efforts of plaintiffs, a certain eighty-acre tract of vineyard belonging to J. J. Bolitho. Late in the afternoon of February 24, 1920, Kaloust Nazarian and Ms son entered defendants’ office and asked about land listed there for sale. One of the salesmen in the office, Sam Matthews, took out some listing cards and attempted to interest Nazarian in the property there offered. Nazarian found none of these attractive. Matthews then introduced Nazarian to one of the plaintiffs,- B. P. Deovletian, who brought forward another box of listing cards, on one of which the Bolitho property was listed. Nazarian said he knew something of this property through some other source, but had never seen it and desired to do so; that he did not have time to go out to see the…