Marsteller v. Leavitt
California Supreme Court
APPEAL from an order of the Superior Court of Lassen County granting a new trial. E. T. Mastín, Judge rendering judgment. E. A. ICelley, Judge settling statement. C. E. McLaughlin, Judge granting new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
This is an appeal from an order granting a motion for a new trial. The action was one involving a claim for commissions based upon a sale of real estate. The claim is primarily evidenced by a contract in writing. Under this writing plaintiff was to receive his commissions when certain notes taken by the vendor of the real estate from the vendee were paid. In addition to the aforesaid written contract, plaintiff, by his' pleadings, set forth an oral contract, whereby he claimed a modification thereof as to the time of the paym'ent of the commissions. This alleged modification was to the effect…
2Cases cited1 opinion
- Storch v. McCainCalifornia Supreme Court · 1890
3Cited by3 opinions
- Greenstone v. Claretian Theological SeminaryCalifornia Court of Appeal · 1959
- Miles v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1936
- Gursey v. Campus Camera Shop, Inc.California Court of Appeal · 1950