Wilshire Realty Co. v. Kry Corp.

This is an action to recover a brokerage commission. Judgment was rendered for defendant. Plaintiff has appealed.

*271 The complaint contains three causes of action. The first cause of action sought to recover from the defendant, Kry Corporation, a broker’s commission of $5,000 growing out of a purported authorization to plaintiff by the president of said corporation to sell a car wash business it had, and an escrow for the sale of this business by the Kry Corporation to Russell W. Willes which, however, was cancelled without the transaction being accomplished.

The second cause of action is not involved in this appeal.

The third cause of action is based upon an alleged conspiracy between the Kry Corporation and Russell W. Willes to cancel the escrow these parties had for the purchase and sale of this ear wash business in order to cheat and defraud plaintiff out of its earned commission of $5,000, and that in furtherance of such conspiracy the parties later opened another escrow through which Willes came into possession of the premises and business as a lessee of the Kry Corporation.

Early in May 1962, John H. McManus, a licensed business opportunity salesman employed by…