Ira Garson Realty Co. v. Brown

Plaintiff sued defendants, owners of certain property, for recovery of a $7,500 real estate broker’s commission, relying in its first cause of action on an alleged oral agreement supported by a written memorandum in the form of escrow instructions, and in the second as a third party beneficiary on a written agreement (escrow instructions). The trial court, hearing the matter without a jury, rendered judgment for defendants.

Viewing the evidence most favorably in support of the trial court’s findings (Estate of Bristol, 23 Cal.2d 221 [143 P.2d 689]; Brewer v. Simpson, 53 Cal.2d 567 [2 Cal.Rptr.…