Blocksidge

This is an appeal from a judgment entered against defendants and for plaintiff as the assignee for collection of two real estate brokers who are the real parties in interest. The action as tried was one seeking to recover the balance due from defendants under separate, but identical, written agreements entered into between defendants and the two brokers.

The agreements were in the form of letters and were prepared by defendants’ attorney. The first two, dated January 14, 1958, are identical except as to the name of the broker. After describing the parties, the property involved, and certain analyses and surveys thereof that had been made by the brokers, they provide as follows:

In each instance the documents were signed by defendants and the respective broker to whom they were addressed. In identical letter forms bearing the date of March 4, 1958, each broker was advised concerning the prior agreements of January 14, 1958, as follows:

In their opening brief appellants discuss various general propositions concerning the law of agency and the necessity for proof of performance before recovery may be had upon a contract. However, they make no specific assignment of error upon…