Calvin Philips & Co. v. Bergman

This was an action against the appellants husband and wife for a commission to be paid for a loan from the respondent to be secured by a mortgage upon the appellants’ community real property. The contract for the payment of the commission was signed by the appellant husband only. The money from the loan was to be used in paying off a debt on the community property, and the balance remaining was to be used in a community undertaking. The trial resulted in a judgment against the appellant husband and the community composed of himself and wife.

The only question is, as stated by the appellants,…