Devereaux

Plaintiffs and appellants, Theodore C. Devereaux and W. R. Scull, individually and doing business as Devereaux-Scull Co., a copartnership, licensed real estate brokers, brought this action against defendants and respondents R W. Harper, Lila C. Witcher, Marion Fesler Marchand and De Anza Harbor, Inc., a corporation, et al, for the sum of $75,000 alleged to be due them as the result of their having located a purchaser for defendants’ property and because defendants failed to complete the sale thereof.

The complaint is in two counts. The first seeks recovery upon the written 11 authorization to sell” set forth in and made a part of the complaint and pleadings. The second count is for work and labor claimed to have been performed for defendants in this respect.

From the allegations of the complaint, plaintiffs are apparently proceeding upon the theory that the property of defendants was listed with plaintiffs under an agreement to pay a commission of $75,000 upon a sale of the property and that they produced a purchaser ready, willing and able to purchase upon the terms designated in the authorization to sell, and that defendants refused to consummate the sale. Recovery is sought,…