Butler v. Solano Land Co.

The appeal is from a judgment in the defendant’s favor in an action brought by the plaintiff for the recovery of á commission claimed by plaintiff to be due him upon a contract of employment between himself and the defendant, by which he was employed in the capacity of a broker to procure a purchaser for certain real estate owned by the defendant, and for which he was to be paid a commission of five per cent upon the purchase price. Plaintiff alleged that he procured such purchaser and had thereby earned the stipulated commission. The main defense which the defendant urged in its answer and upon the trial of the action was that the plaintiff, while assuming to act as the defendant’s agent in the premises, had also, and without defendant’s knowledge, agreed with the purchaser to receive and that he did receive from him a commission upon the sale of the premises in question. The trial court found in favor of the defendant upon its said plea and contention, and upon such finding rendered its judgment in the defendant’s favor. The assault which the plaintiff and appellant makes upon said finding and upon the judgment based thereon is predicated upon the proposition that under the…