Hughes

Defendants appeal from a judgment in favor of real property brokers in an action for a commission on a sale. We affirm.

After a long period of negotiations, plaintiffs procured the sale of defendants’ property. In connection with that sale, which ultimately called for a cash down payment, with instalment payments on the balance, such payments being secured by a deed of trust, the sellers and the brokers entered into a commission agreement reading as follows;

“In reference to the above real property purchase agreement, this will confirm our oral understanding that in the event the escrow above referred to in the Option Agreement as amended closes by transfer of title to J.B.R. Development Co., Optionee, or its nominee, then in such event you will be paid a real estate commission in the amount of five percent (5%) of the purchase price when and as payments on account of said purchase price are received by the undersigned, said five percent commission to be divided equally between Elizabeth Hughes, real estate license No. 004-936, and David Swenson, real estate license No. 102-210.” (Italics added in original.) The sales agreement of February 26, 1971, referred to in that…