Berlin

Berlin v. Farwell

Good Law
1892 Cal. LEXIS 1034·3 Cal. Unrep. 634·31 P. 527
Supreme Court of CaliforniaNovember 28, 1892No. 14,467California852 words

Opinion

Lead Opinion

Foote, J.

This action was brought against the defendant for the purpose of recovering certain commissions alleged to have been earned by the plaintiff in finding a purchaser in the person of Mr. H. D. Bacon for certain lands which Mrs. Farwell had in writing trusted to the plaintiff to sell for her at a certain price. The court below determined the matter adversely to the plaintiff’s claim, and from the judgment made and given in the premises this appeal is taken upon the judgment-roll and a bill of exceptions.

The plaintiff and appellant claims that the court below was not justified by the evidence in making the seventh finding of *635 facts, and that the conclusions of law are not warranted by the findings. Upon the disposition of these matters the appeal is to be determined. The finding referred to reads thus:

“Seventh. That prior to the twenty-second day of September, 1889, and thence to and at the time of the authorization of plaintiff by defendant to sell said land, by writing, signed by her on said twenty-second day of September, 1889, and thence to the time and at the time of the receipt by defendant from plaintiff, on the twenty-fifth day of September, 1889, of said sum of $500…

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