Metcalf

Metcalf v. Guercio

Good Law
74 Cal. App. 637·241 P. 576
Court of Appeal of CaliforniaOctober 21, 1925Docket No. 5239.California1,519 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiffs commenced an action against the defendants to recover a judgment for commissions alleged to have accrued in their favor. The action was tried before the judge of the trial court sitting without a jury. Judgment went for the defendants and the plaintiffs have appealed, bringing up the judgment-roll and a bill of exceptions.

In their complaint the plaintiffs alleged that the defendants authorized the plaintiffs to negotiate a lease of property owned by the defendants and which was - situated at the southwesl corner of Grand Avenue and Sixth Street, in the city of Los Angeles. The alleged authorization was embodied in a letter, dated July 2, 1919, which is as follows:

The term of the authorization extended to August 5, 1919,' but extensions were regularly issued extending the time to September 17, 1919. On the latter date the plaintiffs ‘advised the defendants by letter that they had procured an acceptance by James E. Crawford. On the next day the defendants wrote to the plaintiffs asking them to draw a lease and submit the lease to the defendants for approval On the fifth day of March, 1920, the defendants leased the property to other parties and on October 5, 1920,…

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