Charles V. Webster Real Estate v. Rickard, 21 Cal. App. 3d 612, 98 Cal. Rptr. 559 (1971)

In May 1967, Dr. Moore listed his 156-acre vineyard with Watson Realty for $234,000. The exclusive right to sell agreement, which provided for a 5% commission, specified that the agency would terminate on December 31, 1968.

Dr. Moore later gave written consent to have the listing transferred from Watson Realty to Webster Real Estate. The list price was reduced to $187,200.

In June 1968, Dr. Moore died. Without any help from the real estate agents, the executor of Dr. Moores estate sold the vineyard in November for $152,000.

Believing they were entitled to their commission under the exclusive right to sell agreement, Webster Real Estate filed a claim against Dr. Moores estate for $7,600 (5% of the sale price). The executor rejected the claim, so Webster Real Estate sued the estate.

Was Webster Real Estate entitled to its commission?

Were they entitled to damages for breach of contract? Why or why not?

What if Webster Real Estate had been the procuring cause of the November sale?