Uhler

Uhler v. Ruth

Good Law
101 Cal. App. 3d 895·162 Cal. Rptr. 111·1980 Cal. App. LEXIS 1449
Court of Appeal of CaliforniaFebruary 5, 1980Civ. No. 56573California2,007 words

Opinion

Lead Opinion

Ashby, J.

Appellant Craig Ruth and Associates, a real estate broker (realty), appeals from an order awarding broker’s commission in the amount of $13,500 entirely to respondent Marilyn Uhler, as a result of *898 the sale of a residence located at 6276 Via Canada in Rancho Palos Verdes, California. 1 Prior to the sale, the property was owned by the Willma S. Ross estate and the Huffman minors, as tenants in common.

Just prior to September 1977 Willma S. Ross died, after which the executrix of the Ross estate, Marion Ross, and guardian of the Huffman minors, Elise R. Huffman, decided to sell the Palos Verdes residence. On January 10, 1978, under a written agreement they granted appellant realty an exclusive right for six months to sell the subject property. This listing agreement was canceled on March 21, 1978, and appellant immediately entered into a second listing agreement with Ross and Huffman in which appellant was granted an exclusive right to sell the subject property, as before. On April 24, 1978, this second listing agreement was canceled.

Neither prior to the signing of the two listing agreements, nor anytime thereafter, did appellant realty inform Marion Ross and Elise…

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