Cowing

Cowing v. Wofford

Good Law
1924 Cal. App. LEXIS 347·68 Cal. App. 538·229 P. 883
Court of Appeal of CaliforniaSeptember 4, 1924Civ. No. 4454.California1,773 words

Opinion

Lead Opinion

Tyler, J.

Action to recover the sum o£ $1,250 as a commission alleged to be due upon a broker’s contract for the sale of certain real property. Plaintiff recovered judgment for the amount claimed, together with interest in the sum of $362.50 and costs, and defendants appeal.

The questions presented are whether or not the written authorization relied upon contains a sufficient description of the property to satisfy the statute of frauds, and, if insufficient, whether such insufficiency was cured 'by parol and extrinsic evidence had at the trial.

The complaint is in two counts. The "allegations of the first of them necessary for a discussion of the case are to the effect that plaintiff is a duly licensed real estate broker with offices in the city of Fresno; that defendants are the owners and in possession of certain real property in said city improved with a structure known as the “Bernice Apartments,” which structure contains ten' three-room apartments, one extra bedroom and one room in the basement; that the dimensions of the lots, upon which it is situated are 62½x112 feet; that the taxes on said premises for the year 1918-1919 were about $225; that said premises were at the date of the…

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