Herz v. Clarks Market

Appeal by defendant Clarks Market, a corporation, from an adverse judgment in an action to recover a broker’s commission. Appellant made a written contract with respondent broker, dated December 10, 1956, whereby the broker was ‘ ‘ employ [ed] ” for the period December 10, 1956, to February 10, 1957, “to find a purchaser for the lease” held by appellant on a market at Moraga, Contra Costa County. The contract contained a brief description of the lease and referred to certain subleases to be assigned to the purchaser. It granted respondent “the sole and irrevocable right to sell” and…