Pearce v. Underwood

From a judgment in favor of defendant after trial before the court without a jury in an action to recover a sum alleged to be due as a broker’s commission plaintiff appeals.

The essential facts are:

Defendant orally requested plaintiff, a real estate broker, to secure a purchaser for an apartment house located in the city of Los Angeles known as the Merrill Apartments. Plaintiff secured a written offer from a responsible person to purchase the Merrill Apartments, which offer defendant declined to accept unless the offer was modified to provide that the sale price should be $52,500, $12,500 to…