Kennedy v. Johnson

By the second amended complaint filed in the lower court, respondent sought to recover from appellants the reasonable value of services rendered by him in the capacity of a real estate broker, to appellants as real estate brokers in connection with an exchange of certain properties owned by appellants’ principal, one A. M. Mull on the one hand, and L. H. "Wilson, Inc., on the other. The first cause of action is based on a written agreement to pay a reasonable compensation for the services alleged to have been rendered, and the second and third causes of action are based upon an oral agreement to pay such compensation. Appellants denied the performance of any services by respondent, the making of any agreement, the receipt of any commission by them and the reasonable value of the services performed by respondent, and by way of separate defenses appellants allege that there was no consideration for the agreement alleged; that the contract sued upon fell within the provisions of section 1624 of the Civil Code, and was therefore void and that respondent acted as the agent of L. H. Wilson from whom he accepted a commission without disclosing that fact to appellants and for that reason…