Prudential Realty & Finance Co. v. Clarewood Co.

Defendant appeals from a judgment awarding plaintiffs $12,000 as commission upon a sale of real estate.

By deposit receipt dated October 13, 1958, plaintiff brokers acknowledged receipt of deposit on purchase of defendant’s land on specified terms and conditions, and the depositor agreed to buy. On the same day, defendant vendor endorsed on the receipt his agreement to sell and to pay the brokers $12,000 as commission. The printed portion of the receipt form contained language requiring that balance of purchase price “be paid within_days.” The figure “3” was written in the blank. The printed receipt also provided that the brokers might, “without notice, extend the time for an additional period of thirty days.” On November 4, more than three but less than 33 days from date of the agreement, defendant vendor wrote the escrow agent, seeking to terminate the escrow on the ground that the payment required three days after agreement had not been made. On November 5, the purchaser deposited in escrow a portion of the cash payment required, together with note and deed of trust. On November 13, the buyer’s bank deposited balance of the required cash payment.

Defendant first contends that…