Blank v. Borden

Opinion

SULLIVAN, J.

In the instant case we confront the question whether the familiar withdrawal-from-sale provision in an exclusive-right-to-sell contract between an owner of real property and a real estate broker exacts an unlawful penalty within the meaning of sections 1670 and 1671 of the Civil Code. We conclude that it does not. In so holding, we decline defendant-owner’s invitation to extend into this area the rule of Fracasse v. Brent (1972) 6 Cal.3d 784 [100 Cal.Rptr. 385, 494 P.2d 9], which limited to quantum meruit the recovery of an attorney discharged without cause in spite of a…