Reports of Cases Determined in the District Courts of Appeal of ..., volume 38

Cover Reports of Cases Determined in the District Courts of Appeal of ..., volume 38
Reports of Cases Determined in the District Courts of Appeal of ..., volume 38
Bancroft-Whitney Company
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App. 204, 209, [91 Pac. 754], and authorities therein cited.) As above stated, there was no obligation imposed on the plaintiff by the agreement in question to negotiate for the purchase of the property referred to for the defendant. He was simply employed to induce the owner of the ranch to give the de- fendant the right to purchase the property within a certain time — ^a right which it was wholly optional with it to exercise or not exercise, as it saw fit. Such being the nature of the agreeme...nt between the parties as to the Moore property, there was no legal necessity for reducing it to writing. In other words, such an agreement does not come within the pro- visions of section 1624, subdivision 6, of the Civil Code, nor, to be valid, is it required by any provision of our statute of frauds to be in writing and ** signed by the party to be charged," etc. But we may go further and hold that, even if it were necessary to concede that the agreement in question in effect involved the employment of the plaintiff to purchase the Moore property for the defendant, still, since said agree- ment was between real estate brokers and not between a broker and the owner of the land, it was not necessary, to make it valid, that it should have conformed to the formali- ties prescribed by subdivision 6 of section 1624 of the Civil Code.

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