Mott

This is an action to recover compensation for services allegedly rendered in leasing defendants’ real property.

In a nonjury trial judgment was in favor of plaintiffs for $12,000 against defendants Francis C. Tomlinson and Donald E. Wood (executor of will of Harlan E. Wood); and judgment was in favor of defendants Marguerite K. Tomlinson (wife of Francis C. Tomlinson), and Elsie Wood (widow of Harlan E. Wood). Judgment was entered on April 29, 1960.

On May 17, 1960, defendants Francis C. Tomlinson and Donald E. Wood filed a notice of motion to vacate the judgment against them and to enter a judgment in their favor. The motion was made upon the ground that plaintiffs failed to allege or prove that they were licensed real estate brokers at the time the causes of action arose.

On May 24 plaintiffs filed a notice of intention to move for a new or further trial upon the issue of the right of plaintiffs to maintain the action. In the notice plaintiffs stated that the motion would he made upon the ground that the evidence was insufficient to justify the judgment and that the judgment was against law in that plaintiffs did not allege and prove that they were duly licensed real estate…