Blank v. Borden
524 P.2d 127 (1974)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P and D entered into a written agreement for the purpose of securing a purchaser for D's weekend home in Palm Springs. The agreement, a printed form contract drafted by the California Real Estate Association, was entitled 'Exclusive Authorization and Right to Sell' and by its terms granted P the exclusive and irrevocable right to sell the property for the seven-month period extending from the date of the agreement to November 25, 1970. If the property were sold during the said period P would receive 6 percent of the selling price, and that 'if said property is withdrawn from sale, transferred, conveyed, leased without the consent of Agent, or made unmarketable by [the owner's] voluntary act during the term hereof or any extension thereof,' the agent would receive 6 percent of the 'price for the property' stated elsewhere in the agreement. P began a diligent effort to obtain a purchaser. On or about June 26, 1970, D, without reason or justification, orally notified P that the property was no longer for sale and that he had no further right to make efforts to sell same or collect a commission. P sued D for breach. The court rendered judgment in favor of Pin the amount of $5,100 (6 percent of $85,000) plus interest. D appealed.
Issues
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Holding & Decision
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