Hayward Tamkin & Co. v. Carpenteria Investment Co.

COLLINS, J. pro tem. *

This appeal concerns the propriety of a summary judgment granted on motion of defendants in an action to recover a loan broker’s commission.

Plaintiff is Hayward Tamkin and Co., Inc., described as a mortgage banking corporation (whose corporate name prior to September 7, 1965, was Security Mortgage Investment Co. of California). Defendants are Carpenteria Investment Company, a limited partnership, comprised of A. G. Tutor, the only general partner, and seven limited partners.

The pleadings admit that, on September 2, 1965, plaintiff and Carpenteria entered into a written…