Mann v. Mueller (140 Cal. App. 2d 481, 1956)

WHITE, P. J.

Defendants have appealed from the judgment for plaintiff for real estate broker’s commission. The following statement of the case is quoted from respondent’s brief:

“Plaintiff’s complaint alleged: That plaintiff was, at all material times, a real estate broker duly licensed by the State of California. That on July 3, 1954, defendants were the owners of certain real property and that other persons were the owners of other real property. That on said date defendants and one H. H. Young entered into a written standard exchange agreement by the terms of which defendants agreed to exchange their property for certain other property. That on and prior to said date plaintiff had rendered his services as a real estate broker in connection with said exchange of property.

“The complaint then sets forth in haec verba a portion of the exchange agreement as follows:

“ ‘Acceptance op Agreement.

“ ‘The foregoing offer is hereby accepted on the terms stated, and the undersigned, therein called the party of the second part agrees to pay Property Investment Co., 678 S. Vermont Ave., Los Angeles, Calif., $5,000.00 commission for services rendered. Commission to become due and payable on the execution of this agreement by all parties hereto, and further agrees that said Agent may act as agent for all parties hereto and may accept commission therefrom. Commission to be SECURED by Note