Cardoza v. Moorehouse

This is an appeal by the estate of the deceased seller from a judgment decreeing that the plaintiff, Joseph J. Cardoza, a licensed real estate broker, was entitled to his commission despite the default of the buyer. The sole question presented is whether the plaintiff is entitled to one-half of the $7,500 deposited by the buyer.

The basic facts are not in dispute. The seller, Rose A. Martin, was the owner of about 60 acres of real property in southern Alameda County. On September 15, 1954, she entered into a standard form deposit receipt agreement of sale for this property at $4,200 per acre…