Boyd

Boyd v. Big Three Ranch Co.

Good Law
1913 Cal. App. LEXIS 50·22 Cal. App. 108·133 P. 623
Court of Appeal of CaliforniaMay 15, 1913Civ. No. 1253.California1,136 words

Opinion

lead Opinion

Allen, J.

The action was one by a firm of real estate brokers to recover commissions on account of the sale of real estate. The facts connected with the transaction are these: On May 10, 1910, defendant corporation, through its secretary and treasurer, addressed a communication to plaintiffs by which it appointed them agents to negotiate the sale of an orange ranch comprising one hundred and eight acres, which ranch included a number of separate tracts, upon some of which were houses, and all of which were set out in oranges in various stage's of maturity; and under which communica-. tion plaintiffs were authorized to sell the ranch as an en tirety, or these separate tracts independently, at a certain fixed price as to each, upon terms specified. Thereafter, on November 11, 1910, defendant addressed another communication to plaintiffs in which it expressly revoked all authority covered by the previous one, and by this last communication made plaintiffs exclusive agents to sell the property as an entirety, or to sell independently a certain portion not herein involved. It was averred in the complaint that this last communication was thereafter modified, by which modification plaintiffs were…

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