Phelan v. Gardner
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. In August, 1869, the plaintiff in this action brought an action of forcible-entry and detainer against the defendant in this action, to recover possession of a lot in San Francisco.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. In August, 1869, the plaintiff in this action brought an action of forcible-entry and detainer against the defendant in this action, to recover possession of a lot in San Francisco. The defendant filed a supplemental answer, in which he set up, that since the commencement of the action he had paid the plaintiff the sum of three hundred dollars, in full satisfaction of the cause of action, and of all other claims which the plaintiff" had against the defendant, and particularly of the cause of…
1Opinion of the Court
By the Court,
Niles, J.:
1. The defendant employed the plaintiff as his broker, to sell for him certain land at an agreed commission of five per cent on the amount of the sale. The plaintiff procured and brought to the defendant one Cush eon, who agreed with the defendant, verbally, to purchase the land for the sum of thirty thousand dollars. The defendant gave Cush eon a memorandum in writing, by which he promised to sell to him for the price named, and to give him fifteen days to complete the search and purchase of the land. Before the expiration of the fifteen days, Cusheon tendered to the…
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