Alaimo v. Tsunoda

Plaintiff appeals from judgment in favor of defendants after order sustaining general and special demurrer without leave to amend.

Question Presented

Is a real estate “listing” agreement which provides that the sale price of the real property is to be determined by seller valid?

Record

Plaintiff sued for damages for breach of contract. The complaint alleged that plaintiff is a real estate broker, and defendants the owner of the land described in an agreement attached to and incorporated in the complaint, which agreement the parties entered into; that plaintiff performed his part of the agreement;…