Cottingham v. Smith

The defendant has appealed from a judgment which was rendered against her for broker’s commissions for procuring a purchaser of real property deemed to be ready, willing and able to buy the land upon the terms of a written contract therefor.

It is claimed the findings and judgment are not supported by the evidence for the reason that there is a fatal variance between the vendor’s contract to sell and the written offer to buy the real property.

The defendant owned the “Fountain Ranch” in Mendocino County, consisting of 2,862 acres of farm land, subject to a mortgage of $21,000 held by the…