Barley v. Buell

Contract—Agreement to Pay Commission — Consideration.—Services to be rendered by a promisee in securing a loan for the promisor is a sufficient consideration to support a promise to pay a commission if the loan is obtained.

Appeal from a judgment of the Superior Court of Santa Barbara County. The action was brought to recover ten thousand dollars from the defendant as commissions in securing a loan. The material allegations of the complaint are, that on May 15, 1884, the defendant agreed with the plaintiff in writing that if the plaintiff should sell certain land for the defendant for an amount over and above a sum then due thereon, and the surplus should be° received, the defendant would pay to the plaintiff one half of the surplus; or if the defendant secured a loan from any source with which to redeem the land, then the plaintiff should receive a commission of ten thousand dollars, as per the terms of a certain mortgage. The complaint further alleged that the mortgage was never in fact made; that the terms intended to have been inserted therein in case the same had been- made were that the mortgage should secure the payment by the defendant to the plaintiff of the sum of ten thousand dollars, of which sum three thousand dollars was to have been paid when a loan was obtained by the defendant with which to redeem the land, and that the plaintiff did not recollect the terms on which the remaining seven thousand dollars was secured to be paid. It was also alleged that the defendant did secure a loan, with which he redeemed the land. The further facts are stated in the opinion of the court, and in the opinion of Mr. Justice Thornton.