Schwartz
Schwartz v. Handley
Opinion
Lead Opinion
Tyler, J.
Action to recover services rendered in the sale of a certain apartment house.
The cause is based upon a rejected claim presented against the estate of Lorin A. Handley, deceased. The complaint recites that on or about the twelfth day of August, 1920, Handley, by his duly authorized agent, entered into an agreement in writing with the plaintiff, by the terms of which plaintiff was to receive any and all amounts over and above the sum of $15,000 for the sale of the leasehold interest and furnishings of the Murray Apartments on Orange Street, in the city of Los Angeles; that on or about the seventh day of September following, he procured a purchaser ready, willing, and able to pay the sum of $19,000 for the same, and defendant agreed to sell the apartments to such purchaser for such sum and entered into a written contract for such sale; that the purchaser deposited the sum of $1,000 as part payment thereof; that subsequently on October 4, 1920, defendant, the administratrix of the estate of Handley, notified plaintiff in writing that she refused to carry out and comply with the terms of the agreement; that by reason of such refusal on her part there is now due, owing, and unpaid to…