DeMarco

Simank Realty, Inc. v. DeMarco

Good Law
1970 Cal. App. LEXIS 1364·6 Cal. App. 3d 610·86 Cal. Rptr. 212
Court of Appeal of CaliforniaApril 16, 1970Civ. No. 34145California2,696 words

Opinion

Lead Opinion

Files, J.

This action was brought by a real estate broker, a corporation, against the owners of a ranch for the breach of an exclusive listing agreement. In a trial without a jury defendants prevailed. Plaintiff is appealing from the judgment.

The facts of the case, as shown by the evidence which supports the findings of the trial court, will be stated first.

*613 Prior to 1964 the defendants, Mr. and Mrs. DeMarco, were the owners of about 1,100 acres of ranch land in Ventura County. In September 1964 defendants listed their ranch for sale and, through plaintiff’s efforts, sold 700 acres of it. Subsequently Russell Sellers, president of the plaintiff corporation, suggested that defendants give a longterm exclusive listing on the the remaining property. Sellers was aware that defendants were in financial distress and eager to sell. On November 11, 1965, the parties entered into the agreement which is the subject of this action. This contract, which was on a printed form supplied by a realty board, contained the following provisions, among others: “(1) I (We) agree to pay said Realtor 10% of the selling price accepted by me (us) . . . in the event of the sale or exchange of said…

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