BLANK v. BORDEN

Docket No. L.A. 30159.

11 Cal.3d 963 (1974)

524 P.2d 127

115 Cal. Rptr. 31

BEN BLANK, Plaintiff and Respondent, v. ERICA BORDEN, Defendant and Appellant.

Supreme Court of California. In Bank.

July 8, 1974.


Attorney(s) appearing for the Case

COUNSEL

Minsky, Garber & Rudof and Albert C. Garber for Defendant and Appellant.

James Hollowell for Plaintiff and Respondent.

Moses Lasky, Howard N. Ellman and Brobeck, Phleger & Harrison as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

SULLIVAN, J.

In the instant case we confront the question whether the familiar withdrawal-from-sale provision in an exclusive-right-to-sell contract between an owner of real property and a real estate broker exacts an unlawful penalty within the meaning of sections 1670 and 1671 of the Civil Code. We conclude that it does not. In so holding, we decline defendant-owner's invitation to extend into this area the rule of Fracasse...

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