Ford
Ford v. Brown
Opinion
Lead Opinion
Temple, J.
This action is brought to recover commissions, upon a sale of real estate made by brokers. TJmhsen &' Co. were *552 employed by defendant, Margaret Brown, to sell certain real estate belonging to her. This contract of employment is dated February 5, 1890, and gave the brokers authority to sell the real estate “for the sum .of $15,500, or any less sum hereafter fixed by me, their employment to continue for ninety days- from date, and thereafter until notified by me in writing. I agree to pay them $500 of purchase price when property is sold, or a purchaser found.” In March, 1891, the brokers found a purchaser for the property who was ready, able, and willing to pay $15,250 therefor, and entered into a contract of sale with this purchaser for that sum. Thereupon Mrs. Brown, defendant, gave the following writing to the brokers: “San Francisco, March, 10, 1891. I hereby ratify sale of my lot this day made by G-. H. Umbsen & Co., for the sum of $14,800 net to me.” It does not appear that the sale was ever consummated and the purchase price paid. The plaintiff, as assignee of the brokers, brought this action to recover the sum of $450: