Vickery
Vickery v. Valdez
Opinion
lead Opinion
Archbald, J.
This is an appeal by the defendants from a judgment for $1250, interest and costs in favor of plaintiff.
Plaintiff, acting as real estate broker, obtained a written offer from one Fannie M. Koenigstein to exchange an equity in a certain described property belonging to her for certain property owned by the defendants, known as 1606 East Broadway, Glendale, California. The offer was dated August 17, 1927, and provided that it should be void if not accepted “before 12 o’clock noon, Monday, August 22nd, 1927”. The following acceptance, written in purple ink and signed by both defendants, appears under the offer: “I accept the above offer with the following changes 1st that I am able to get a first loan of $10,000 to $11,500 at 8% for five yrs.— 2th that central ave. lot equity is to be 6000.00 as 1st pay ment—3th that buyer will make payments of $75.00 or more per mo. including Int. 8%. I include furniture in 1604% as is except I will add set of dishes, and change dining set. I also agree to pay W. T. Vickery $1250.00 as my part of the commission for services rendered. Buyer to assume light assess on 1606.” On the right-hand margin of the contract, written in purple ink, is the…