Ratzlaff
Ratzlaff v. Trainor-Desmond Co.
Opinion
Lead Opinion
Burnett, J.
On or about the first day of March, 1912, the Sacramento Valley Colonization Company entered into a contract with the defendant to sell to the latter a large body of land in the Rancho del Paso, in Sacramento County. At that time and for some time thereafter plaintiff was engaged in selling lands for defendant, and on or about March 26th following the former negotiated with one W. H. Stewart for the sale of some 1,608.38 acres, and thereafter defendant entered into a written contract with Stewart for the sale and purchase of said tract, acknowledging the receipt ■ of five thousand dollars, and agreeing that, when Stewart paid an additional sum of twelve thousand dollars on the purchase price, defendant would give Stewart a new contract according to a form attached to the first contract. When said twelve thousand dollar payment was about due according to said contract, plaintiff ascertained that Stewart was having considerable difficulty in raising funds to meet this payment, and on the twelfth day of June, following, without any objection from Stewart, plaintiff induced one W. B. Harrison to enter into a contract with defendant for the purchase of section 29 included in Stewart’s…