N. A. Sapunar Realty v. Cushman & Wakefield

This appeal presents a novel issue concerning the power of the probate court to apportion commissions earned by real estate brokers upon the sale of an asset of the estate. The administratrix of the estate of Marie E. Cattalini sought confirmation of a sale of real *369 property owned by the decedent. The probate court confirmed the sale and divided the broker’s commission equally between N. A. Sapunar Realty and Cushman & Wakefield, Buckbee Thorne & Company. Sapunar appeals, contending that no part of the commission should have been awarded to the Cushman firm.

The administratrix had entered into a written contract with respondent Cushman & Wakefield, Buckbee Thorne & Company, granting an exclusive right to sell real property owned by the decedent. Paragraph five of this printed form contained a statement that the administratrix had obtained the permission of the court to enter into the agreement. In fact, court permission had not been obtained.

Respondent published a description of the property, accompanied by respondent’s name, in a local trade journal, the San Francisco Board of Realtors’ Multiple Listing Service. To be published in the Multiple Listing Service,…