Preston v. Carnation Co.

This is an appeal from a judgment in favor of the defendant upon a claim of plaintiff for a real estate broker’s commission.

Plaintiff, a real estate broker, brought an action against the defendant to collect a broker’s commission of five per cent of and upon the sales price of a certain parcel of real property sold by the defendant to the city of Burbank. The plaintiff claims to have been the procuring cause of the sale of the property to the purchaser.

A résumé of some of the facts in the case is as follows: In 1956 the plaintiff, upon an oral contract of employment, sold some property of the…