Chism

This is an appeal from a judgment in favor of plaintiffs upon a contract for a real estate brokers’ commission.

On November 28, 1956, the defendants (owners of property in question) gave to plaintiffs (real estate brokers) a written listing agreement covering a motel property on. Ventura Boulevard in Los Angeles. On May 23, 1957, the plaintiffs obtained from John Brogan and Agnes Brogan, husband and wife, .a written offer to purchase the motel from the owners. The original offer was not acceptable to the owners and they thereupon submitted a written counteroffer by them to the Brogans. The counteroffer was accepted by the Brogans in writing. The counteroffer was in the form generally referred to as a deposit and reading as follows: [See pages 192 and 193.]

Thereafter the Brogans (buyers) made every effort to open an escrow at the Bank of America, International Branch, and the owners (sellers) failed, refused and neglected to join in the escrow instructions. In fact one of the owners stated in effect that she would not even read the proposed instructions. The agreed price, as indicated by the accepted counteroffer, was $95,000 and 5 percent thereof amounts to $4,750.

The court,…