Edens v. Stoddard

[126 CalApp2d Page 57] Appellant sued for a broker's commission alleging his oral employment February 3, 1952, by respondent to negotiate for the sale of the latter's hotel and hotel business to one Mrs. Bidwell for a 5 per cent commission. He alleges a confirmation thereof by a writing, his repeated negotiation with Mrs. Bidwell to induce the purchase, and, during the period of his alleged contract, the execution of a contract of sale by respondent to the same Mrs. Bidwell for $96,000. He demands judgment for $4,800. Respondent filed her general denial and set forth three affirmative defenses, to wit: (1) the complaint does not state facts sufficient to constitute a cause of action; (2) the alleged agreements are invalid in that they are not in writing subscribed by respondent as required (Civ. Code, ? 1624, subd. 5, and Code Civ. Proc., ? 1973), and (3) the transaction concerning the hotel between respondent and Mrs. Bidwell was exclusively the result of negotiations between the principals and their attorneys between December 1951 and the time of the sale.