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[1] APPEAL AND ERROR - SUBSEQUENT APPEALS - FORMER DECISIONS - AS LAW OF CASE - QUESTIONS CONCLUDED. A determination by the supreme court that a contract between the parties to the action created the relationship of principal and agent, rather than that of vendor and purchaser, is binding on the parties in a subsequent action between them based on the contract.

[2] BROKERS - WHO ARE BROKERS. In an action for breach of a contract involving the sale of real estate, held that the status of the plaintiff under the contract was in fact that of a real estate broker, within the provisions of Rem. Rev. Stat.e § 8340-4, and that the purpose of the action was to recover compensation for services as such.

[3] SAME - COMPENSATION - NECESSITY OF LICENSE. A real estate broker who does not have a license so to operate, as required by Rem. Rev. Stat., § 8340-20, cannot maintain an action to recover compensation for services as such broker.

Cross-appeals from a judgment of the superior court for King county, Hall, J., entered October 13, 1942, upon findings partially in favor of the plaintiff, in an action for breach of contract, tried to the court. Reversed.

Simmons & McCann, for appellants.

McMicken, Rupp & Schweppe and Bernard Reiter, for respondent and cross-appellant.

JEFFERS, J. -

This action was instituted by Shorewood, Inc., a corporation, against G. L. Standring and wife, on or

«1» Reported in 144 P. (2d) 243. Financial advisor software free.

[3] See 118 A. L. R. 654; 8 Am. Jur. 1076.

about May 15, 1941, to recover damages from defendants. The right to such recovery is based upon claimed breaches, on the part of defendants, of a certain contract made and entered into by the parties November 6, 1939. The provisions of the contract, in so far as material, and the general facts surrounding the making of the contract, are set out in Standring v. Mooney, 14 Wn. (2d) 220, 127 P. (2d) 401.

The complaint in the present action contains six purported causes of action. In its first cause of action, plaintiff is claiming the sum of $872.50, which it is alleged is the balance of an aggregate profit of $3,315 due it from the sale of certain lots. It is alleged that this amount is due pursuant to the provisions of paragraph ten of the contract of November 6th, which provides what is to be done by the Standrings when lots are sold by the corporation, and what amount is to be received by each party from such sales. The paragraph concludes as follows:

Standring

'The interest of the corporation, as herein referred to, shall be the differential in the sales price and the schedule of prices established herein for partial release of mortgage.' (Italics ours.)

Plaintiff's second cause of action is based upon the allegations that plaintiff procured a purchaser for a certain lot in Shorewood addition, who agreed to pay one thousand dollars cash for the property; that, because of defendants' failure and refusal to execute a partial release of mortgage on the lot, the prospective purchaser suspended his offer of purchase, to the damage of plaintiff in the sum of $525.

The third cause of action is based upon the allegations that plaintiff had procured some five purchasers, ready, willing, and able to purchase lots; that, because of defendants' failure and refusal to comply with the contract, plaintiff was unable to consummate such sales, and thereby lost a profit of $3,275.

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The fourth cause of action is based upon allegations to the effect that plaintiff had procured customers, able and willing to purchase waterfront footage which would, when platted, equal eight beach lots; that this waterfront

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Dec. 1943] SHOREWOOD, INC. v. STANDRING. 629