Tatterson

Tatterson v. Standard Realty Co.

Good Law
1927 Cal. App. LEXIS 802·81 Cal. App. 23·253 P. 770
Court of Appeal of CaliforniaJanuary 25, 1927Docket No. 5671.California2,171 words

Opinion

Lead Opinion

Sturtevant, J.

Norman W. Tatterson commenced an action against the defendants to recover a sum of money-alleged to be due as commissions earned by him in effecting an exchange of real properties. Thereafter the defendants appeared and such proceedings were had that the trial court made an order authorizing the plaintiff to file an amended complaint joining Carl H. Nieper as a coplaintiff. An amended complaint was filed, the defendants demurred thereto, their demurrer was overruled and thereupon they answered and a trial was had before the court sitting without a jury. The trial court made findings of fact in favor of the plaintiffs and from a judgment entered thereon the defendants have appealed under section 953a of the Code of Civil Procedure.

The appellants present a large number o£ points, but in the view that we take of the record it will not be necessary to consider all of them.

As to the plaintiff Carl H. Nieper, we think that the demurrer of the defendants should have been sustained. In their complaint the coplaintiffs alleged:

“L

“That at all times herein mentioned the said Carl H. Nieper was and is a Real Estate Broker, duly licensed by the Real Estate Board under the State Real…

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