Blank v. Borden

524 P.2d 127 (1974)

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Nature of the Case

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Facts

P and D entered into a written agreement for the purpose of securing a purchaser for D's weekend home in Palm Springs. The agreement, a printed form contract drafted by the California Real Estate Association, was entitled 'Exclusive Authorization and Right to Sell' and by its terms granted P the exclusive and irrevocable right to sell the property for the seven-month period extending from the date of the agreement to November 25, 1970. If the property were sold during the said period P would receive 6 percent of the selling price, and that 'if said property is withdrawn from sale, transferred, conveyed, leased without the consent of Agent, or made unmarketable by [the owner's] voluntary act during the term hereof or any extension thereof,' the agent would receive 6 percent of the 'price for the property' stated elsewhere in the agreement. P began a diligent effort to obtain a purchaser. On or about June 26, 1970, D, without reason or justification, orally notified P that the property was no longer for sale and that he had no further right to make efforts to sell same or collect a commission. P sued D for breach. The court rendered judgment in favor of Pin the amount of $5,100 (6 percent of $85,000) plus interest. D appealed.