Franklin

In this appeal the defendant Charles P. Hansen seeks a reversal of a judgment in the amount of $5,000 in favor of plaintiff Donald V. Franklin, a licensed real estate broker, for claimed commissions in procuring a buyer for defendant’s real property.

Defendant owned residential property in Newport Beach. Plaintiff had acted as an agent for defendant in the rental of the property and had informed defendant that he would like to represent defendant in selling the property. A sale price of $115,000 was agreed upon and although plaintiff obtained several offers for the property over a period of several months, all were for less than the agreed price. Defendant eventually agreed that he would accept an offer for $100,000. None of the transactions between the parties up to this point were in writing, defendant having assured plaintiff that a signed listing would be unnecessary as his word was good.

On January 15,1960, plaintiff obtained an offer for $100,000 and telephoned defendant, requesting an authorization by telegram to sell the property. In response, defendant sent the following telegram: “Los Angeles, California ... D. Y. Franklin, 208 Marine Balboa Island California. This is…