Fellner v. Steinbaum

Plaintiffs and defendant entered into a written agreement for the sale and purchase of the Langham Apartment Hotel and furnishings in the city of Los Angeles. Defendant purchaser gave the real estate broker who arranged the transaction his check for $10,000, to apply on the purchase price.

A few days after making it, the defendant repudiated the agreement, and stopped payment on his cheek.

Two legal actions followed: (1) The instant one for damages for breach of the contract; and (2) an action against plaintiffs for the broker’s commission.

These two actions were consolidated and tried together,…