Butler v. Solano Land Co.

This is an appeal by the plaintiff from a judgment against him upon a motion for nonsuit.

The action was for $8,457, alleged to be due plaintiff as commission for selling land of the defendant. Defendant answered, admitting a verbal contract with the plaintiff, but asserting that such contract was conditioned upon the full performance by the. purchaser of his contract to purchase the land, and that the purchaser produced had performed none of the conditions of his contract; and further alleged that no written contract was ever entered into between the plaintiff and defendant, or between the plaintiff and anyone authorized to act for the defendant. The plaintiff 'submitted his case upon his own testimony solely, and introduced in evidence a document reading as follows:

As the plaintiff must recover, if at all, upon a written contract (Civ. Code, sec. 1624, subd. 6; Code Civ. Proc., see. 1973, subd. 6), the only question presented upon this appeal is whether or not the corporation is bound by the above-quoted writing. [1] The record contains no proof of express authority of the president to make this contract ; there is no seal affixed to' the document to make it prima facie proof…