Cooper

This case arose out of a controversy between two real estate brokers as to whether or not the commission received by the defendant upon the sale of certain property in San Francisco should be divided between the plaintiff and-the defendant.

On the fifteenth day of March, 1915, the plaintiff and the defendant entered into a written contract whereby it was agreed that if Cooper, the plaintiff, should consummate a sale of certain real property in San Francisco to Livingston Brothers, any commissions earned should be divided equally between the plaintiff and the defendant.

The court found that Cooper did not consummate the sale, and the only question is whether or not this finding is supported by the evidence. The evidence showed that Cooper worked long and hard upon Livingston Brothers in an effort to sell the property, but, on the other hand, Livingston testified that after authorizing Cooper to offer one hundred and ninety thousand dollars to the owners for the property he advised the latter that he was no "longer interested and to call the matter off. This conversation took place somewhere about June 8, 1915. The owners of the property were at that time demanding a price of two…