HUTTLINGER v. FAR WEST ENTERPRISES

Docket No. 16115.

131 Cal.App.2d 808 (1955)

281 P.2d 554

E.O. HUTTLINGER, Appellant, v. FAR WEST ENTERPRISES, INC. (a Corporation), Respondent.

Court of Appeals of California, First District, Division Two.

March 28, 1955.


Attorney(s) appearing for the Case

DiMaria, DiMaria & Daschbach for Appellant.

Crist, Peters & Donegan and Elton F. Martin for Respondent.


NOURSE, P.J.

Plaintiff sued to recover a broker's commission of 5 per cent on a real estate transaction of $175,000. He appeals from an adverse judgment based on findings of fact and conclusions of law showing the following grounds for the denial of the commission:

(1) that the agreement of sale procured by plaintiff was unenforceable because fatally uncertain and illusory;

(2) that plaintiff and defendant signed said agreement in the mutual mistaken...

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