Williams v. Belling

An appeal from a judgment denying the right of appellant to recover commissions and special damages.

Respondent, who was the owner of certain real property in the city of Stockton, signed and delivered to appellant, a real estate broker, a memorandum in writing in terms authorizing the latter to effect an exchange thereof for property of like character in the city of Oakland. Both properties were described in the memorandum, which further provided for the payment to appellant of a commission in the sum of $1,000.

The major portion of the building upon the Oakland property was then being used…