Peeples v. British American Consol. Properties, 22990.

• Decision Date: 09 July 1931
• Docket Number: 22990.
• Citation: 163 Wash. 353,1 P.2d 235
• Parties: PEEPLES v. BRITISH AMERICAN CONSOLIDATED PROPERTIES, Limited, et al.
• Court: Washington Supreme Court

1 P.2d 235

163 Wash. 353

PEEPLES v. BRITISH AMERICAN CONSOLIDATED PROPERTIES, Limited, et al.

No. 22990.

Supreme Court of Washington

July 9, 1931

Department 1.

Appeal from Superior Court, King County; H. A. P. Myers, Judge.

Action by Irving N. Peeples against the British American Consolidated Properties, Limited, a corporation, and others. Judgement for the plaintiff, and the defendants appeal.

Affirmed.

Geo. H. Crandell, of Seattle, for appellants.

Spencer Gray, of Seattle, for respondent.

MAIN J.

This action was brought to recover a commission upon the sale of real estate. The cause was tried to the court without a jury and resulted in findings of fact from which it was concluded that a recovery could be had. Judgment was entered in accordance with the findings and conclusions, from which the defendants appeal.

British American Consolidated Properties, Limited, British American Bealty Founders' Corporation, and British American Mines & Smelters' Corporation, the appellants, are corporations with their principal place of business in the same offices in the city of Seattle. British American Consolidated Properties, Limited, owns all the capital stock of the other two corporations, with the exception of the qualifying shares for the officers thereof.

November 1, 1929, the members of what is referred to as the creditors' committee of the Piedmont Apartment Hotel in the city of Seattle, as parties of the first part, contracted to sell the hotel to the British American Realty Founders' Corporation, party of the second part. The contract in part recites:

'Parties of the first part agree to sell, convey and warrant to party of the second part the following described real property, situated in the county of King, state of Washington, to-wit: Lots 2, 3, and 6, Block 123, A. A Denny's Broadway Addition to the city of Seattle;

'Together with all the tenements, hereditaments and appurtenances belonging to said property known as the Piedmont Apartment Hotel, and together with all furniture, fixtures, utensils, equipment, supplies and personal property used in connection with said apartment hotel, according to the inventory thereof which is hereto attached marked Exhibit 'A' and made a part hereof.'

In the same contract appeared this: 'The party of the second part hereby assumes and agrees to pay all commission, fees and charges of Irving N. Peeples, the real estate broker who procurded this sale.'

The contract was signed by the members of the creditors' committee and by British American Realty Founders' Company, and was placed in escrow, and thereafter the purchaser went into possession. There was a provision in the contract making time the essence thereof, and providing that if the payments were not made as therein provided, the escrow holder should return the contract to the committee. The subsequent payments not being made, the contract was returned to the creditors' committee by the escrow holder. Thereafter the present action was begun by the respondent to recover, as above stated, the commission upon the...