Warshauer v. Bauer Construction Co.

TAYLOR, J. pro tem. *

This is an appeal from a judgment after trial by the court denying plaintiffs a recovery from defendant Bauer-Lesser of a $4,070 down payment on a house collected by Bauer-Lesser’s sales agent, defendant Wilson Dills Realty Company.

The material facts are not in dispute. On July 7, 1955, the defendant Bauer-Lesser and defendant Wilson Dills Realty, hereafter referred to as defendant Dills, executed an exclusive sales agency agreement which provided that defendant Dills was to pursue the sale of homes in defendant Bauer-Lesser’s subdivision, handle financing arrangements…