Grove

Defendants appeal from a judgment rendered by the superior court in favor of plaintiff in an action to recover a commission alleged to have been earned by plaintiff in performing. services for defendants in effecting a sale of certain real property.

It is first contended by appellants that the evidence was insufficient “to show that plaintiff procured purchasers ready, able and willing to purchase the property of the defendants”. In that connection, stress is laid upon the point that, although plaintiff was present and assisted in the negotiations between the interested parties on each of several occasions, at which times the sale of the property in question was under consideration, he never appeared to be acting in the capacity of agent for defendants, but rather seemed to be a person who was taking merely a friendly interest in the matter. But the record discloses the fact that plaintiff had a written agreement with defendants regarding his agency and the compensation to which he would become entitled in case he were to make a sale of the property, and that at least he materially aided in inducing the purchasers to enter into a contract with defendants to purchase the property.…