Stransky

Action to recover a broker’s commissions for the sale of real property.

The complaint alleges in substance that on the fourteenth day of October, 1924, defendant entered into a contract in writing with plaintiff’s assignor, one James W. Doherty, by the terms of which Doherty was given an exclusive contract for a period of three months to sell and enter into and sign a written contract in defendant’s name for the sale and conveyance of certain real property owned by defendant and which is situated partly in San Francisco and partly in San Mateo County. The price at which the property was to be sold was the sum of $14,000, and defendant, under the terms of the agreement, agreed to pay as a commission for such sale a sum equal to five per cent on the first $5,000 and two and one-half per cent on the balance of such sum. Thereafter, on the tenth day of January, 1925, and while said authorization was in full force and effect, so it is alleged, Doherty found a purchaser ready, able, and willing to purchase such property at the price fixed, and such purchaser and Doherty, on behalf of defendant, made and executed an agreement in writing by the terms of which said purchaser agreed to…