Seaver v. Wauhab
Seaver v. Wauhab
Opinion of the Court
Both plaintiff and defendant are licensed real estate brokers. Plaintiff brought this action for declaratory relief and accounting, and had judgment for half the commissions collected by defendant upon sale of three parcels, together with half the commissions yet to be paid upon these sales. Defendant appeals.
Shortly after the introduction of Colvin to appellant, the former negotiated for purchase of one of the parcels here involved. This purchase was not completed. At trial, Colvin testified that in these 1953 negotiations he was acting for a party other than Heintz and Kaufman, Ltd. The trial court, in addition to finding that Colvin was acting for undisclosed principals, found that he in fact acted for Heintz and Kaufman, Ltd. Appellant asserts that this finding is without support, in view of Colvin’s admission that he was acting for another in the 1953 negotiations. But the case was tried on the theory that when Colvin was introduced to appellant he was, and was represented to be, an agent for undisclosed principals. The findings sustain this theory. Thus it is not material which undisclosed principal purchased the land. The effect of the agreement found by the court, and supported hy substantial evidence, was that Colvin was but an instrumentality or conduit, and that purchases through him were to entitle respondent to half the commissions. It is undisputed that the ultimate sales were made through him. He handled the transactions as his own, until the time for naming the grantee of the deeds to be deposited in escrow. There is no question that he acted for the purchasers in all negotiations up to the actual execution of deeds. Thus appellant had the full benefit of the business produced through Colvin. In view of the finding that Colvin acted for an undisclosed principal, the further finding, to the extent that it can be construed to mean that he acted for Heintz and Kaufman, Ltd., in 1953, can be disregarded as surplusage. We find no authority directly in point. However, it has been held that minor variations between the agreement to share commissions and the ultimate agreement of sale are not fatal to recovery. (West v. Visalia Abstract Co., 53 Cal.App. 467 [200 P. 351].)
Appellant also urges error in the trial court’s denial of his motion to amend his amended answer to conform to
Appellant’s remaining assignments of error are the denial of his motion for nonsuit and his motion for new trial, and refusal to accept his proposed amendments to the findings. These contentions are, in substance, but repetitions of the arguments disposed of in the foregoing discussion. In the light of the conclusions already expressed, we cannot accept appellant’s view.
Judgment affirmed.
Kaufman, P. J., and Dooling, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.