UHLMANN v. NORTH WHITTIER HIGHLANDS, INC.

Docket No. 23410.

167 Cal.App.2d 758 (1959)

334 P.2d 1022

LIONEL HAYES UHLMANN, JR., et al., Appellants, v. NORTH WHITTIER HIGHLANDS, INC. (a Corporation), Respondent.

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

February 10, 1959.


Attorney(s) appearing for the Case

Max Fink, Cyrus Levinthal, Emmet G. Lavery, Jr., and Howard L. Thaler for Appellants.

Fleming, Robbins & Tinsman, C.S. Tinsman and Clay Robbins for Respondent.


LILLIE, J.

This is an appeal from a judgment in defendant's favor arising out of an action to recover a broker's commission based upon full performance of an oral contract; or, in the alternative, the reasonable value of services rendered on the theory that full performance was prevented by defendants.

On pretrial, the parties entered into a written stipulation wherein they agreed, among other things, that plaintiff Burke (a licensed real estate broker) was...

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