Mayhew v. Pearl Industries
Pearl Industries, Inc., Pearl Kwik Kar, Inc. and David Morehead (collectively, Pearl) owned oil change and lubrication stores in Camarillo and Indio. In 2003, Pearl sold the Camarillo store and its real property to Oil Stop, Inc., a chain of similar stores based in Northern California, for $1,150,000. Jeffrey Mayhew alleges that he was the real estate broker on the transaction and that Pearl breached its contract to pay him a commission of $81,000. Pearl appeals from the judgment, after a jury trial, in favor of Mayhew. It contends Mayhew's breach of contract claim is barred by the statute of frauds because there is no written employment agreement between Pearl and Mayhew. Pearl further contends that Mayhew is not a third party beneficiary of its contract with Oil Stop, and that the trial court erred when it instructed the jury on an estoppel exception to the statute of frauds defense. Court affirm.
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