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MARKS v. ROWLEY

Docket No. 17817.

102 Cal.App.2d 619 (1951)

228 P.2d 29

JOE M. MARKS, Appellant, v. J.B. ROWLEY, Respondent.

Court of Appeals of California, Second District, Division One.

March 5, 1951.

Attorney(s) appearing for the Case

Samuel Schekman for Appellant.

M. Lewis Lehman for Respondent.

DRAPEAU, J.

On September 25, 1948, plaintiff, a licensed real estate agent, telephoned defendant for permission to list for sale a motel owned by him. Defendant agreed to give plaintiff an open listing. Thereupon, plaintiff mailed to him the Los Angeles Realty Board's official printed form of "exclusive listing" for sale of realty. Before doing so, plaintiff had altered this form by adding at the top the words "Open

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