Baker v. Curtis

SCHOTTKY, J. pro tem.

Plaintiff and respondent commenced an action to recover a broker’s commission of $2,500 on the sale of a 1,080-acre ranch in Mariposa County. The jury’s verdict was in favor of plaintiff and this appeal is from the judgment entered on such verdict.

In arguing for a reversal of the judgment defendant and appellant makes two main contentions: 1. That at the time of the sale there was no valid contract between the parties ; and, 2. That the court erred in its instructions to the jury.

We shall first summarize briefly the factual situation as disclosed by the record, bearing in…