Showers
Showers v. Rober
Opinion
Lead Opinion
Wood, J.
Defendant appeals from a judgment in the sum of $1,250 rendered against her in an action in which plaintiff sued for a commission alleged to have been earned in negotiating the sale of defendant’s real estate. On November 16, 1923, defendant gave to' plaintiff written authorization to sell the land in question, in which it is stated: “I hereby constitute Jack Showers Sole Agents for the herein described property for 30 days and thereafter until notified in writing-to the contrary.” The price stated was $25,000, of which $16,300 was to be cash (“down”), and the balance to be covered by mortgage. On November 28, 1923, through the efforts of plaintiff, the South Park Land Company, a corporation, agreed to purchase defendant’s property by an instrument which was executed in the name of the corporation by C. M. Crawford, its general manager. By the instrument the purchaser agreed to pay the price fixed by defendant, of which $1,000 was then paid by check. The instrument provided: “The balance of the purchase price is to be paid 30 days from date hereof as follows, to-wit: ($4000) Four Thousand Dollars additional to the ($1000) One Thousand Dollar deposit to be paid into escrow and the…