Howard

Howard v. Burrow

Good Law
1926 Cal. App. LEXIS 344·77 Cal. App. 4·245 P. 808
Court of Appeal of CaliforniaMarch 10, 1926Docket No. 5402.California1,455 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiff commenced an action against the defendant for compensation claimed to have been earned by him as a broker. The defendant appeared and filed an answer and a cross-complaint. The plaintiff answered the cross-complaint and a trial was had on the issues presented by those pleadings. As the trial court was sitting without a jury, it made findings. Those findings were in favor of the plaintiff and the defendant has appealed and has brought up a bill of exceptions.

After a short conversation between them the defendant wrote out, signed, and delivered to the plaintiff a writing as follows:

A few days later the plaintiff took Mr. Campe, as president and general manager of the Campe Automobile Company to the defendant’s farm near Campbell and introduced him. A long conversation was held between the defendant and Mr. Campe regarding a lease from the defendant to the Campe Automobile Company. However, no agreement was reached between the parties at that time nor on or prior to April 7, 1924, the end of the term of the plaintiff’s contract.

In the conversation last mentioned it developed that the Campe Automobile Company wanted a lease on the property of the defendant hut on…

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