AD RATTRAY BANK NOTE TRIAL
AD RATTRAY BANK NOTE LICENSE

Espey for the purchase of said property for the total price of $13,500 that on April 16, 1943, the property was sold to David L. 'That prior to April 15, 1943, the said defendant Rattray negotiated with one David L. 'That during the negotiations with complainant as set out in the preceding paragraph, defendant Rattray led complainant to believe that he was acting as his agent in this transaction, and when terms and price were agreed upon, that all necessary expenses incident to the sale, together with the regular 5% selling commission, would be added, and relying upon this belief the complainant accepted the $10,250 net cash for the said property, and would not have done so but for his reliance upon that belief and understanding After a hearing defendant made the following findings: 'That on or about January 19, 1943, defendant Rattray addressed a letter to complainant requesting price and terms on property, consisting of a seven- unit court, which he owned in Bakersfield, California that on February 4, 1943, the complainant replied, and placed a price of $13,000 on said property, and also stated that he would consider any fair offer that on February 11, 1943, defendant Rattray wrote a second letter to complainant advising him that the property had been apraised by a competent appraiser that $12,000 would be a fair price, and that selling commission would be added that in said letter was enclosed an instrument, designated as an option, for a sixty-day period, in favor of Kelly & Son, embodying the selling price of $12,000, for the signature of the complainant that relying on those representations the complainant signed said option, and returned it to defendants that on March 20, 1943, a third letter was addressed to complainant by defendant Rattray stating that in trying to sell the property he was meeting with certain obstacles, namely, the price and the fact that the property was in an unrestricted district, and suggested to complainant that the price be reduced to $10,000 cash, which he thought the complainant would be wise in accepting, and pressed said complainant for an immediate acceptance so that the transaction might be consummated 'within the period of our exclusive listing' that on April 15, 1943, a long distance telephone conversation was held between defendant Rattray and the complainant, at which time defendant Rattray repeated that $10,000 net was the very best price that he could obtain that complainant countered by stating he would accept no less than $10,500 net cash, but finally compromised on a price of $10,250 net cash with no expense to him in the transaction Kelly for the revocation of their licenses as real estate brokers. Humston, then a lieutenant in the United States Army, defendant initiated proceedings against plaintiff and Edward A.

Upon a complaint filed with defendant by John L. Plaintiff is a real estate broker associated with Kelly & Son in Bakersfield.

AD RATTRAY BANK NOTE TRIAL

The trial court issued a writ of mandamus commanding defendant to set aside this order.

AD RATTRAY BANK NOTE LICENSE

Hyman & Hyman as Amici Curiae on behalf of Respondent.īy an order issued April 10, 1944, defendant revoked plaintiff's license as a real estate broker. Kegley, Deputy Attorney General, for Appellant. Bowers, Assistant Attorney General, and Carl S. SCUDDER, as Real Estate Commissioner, etc., Appellant.

Ad rattray bank note