Fugate v. Cook

The trial court granted plaintiff’s motion for a summary judgment pursuant to section 437c of the Code of Civil Procedure, and the defendants appealed.

Defendants, Neil L. Cook and Louise C. Cook, his wife, owned real property as joint tenants. About April 1, 1963, Mr. Cook signed a listing agreement purporting to employ plaintiff to procure a purchaser for the real property. He handed it to respondent’s agent, J. C. Mealey, with the oral understanding, as he contends, that the agreement would have to be signed by his wife before it would take effect. This was never done.

Within the time…