Clinch

This is an appeal by defendant from a judgment in plaintiffs’ favor for the sum of $1,410. The action is based upon the following proposal in writing made by defendant to plaintiffs under date of January 15, 1924:

Upon the receipt of this proposal plaintiffs promptly arranged with the National Bond and Mortgage Company to make a loan to defendant in accordance with the terms thereof. On January 17, 1924, plaintiffs informed defendant that the loan had been obtained. Defendant on the same day furnished plaintiffs a copy of his last financial statement. This was approved by the party making the loan, who was then ready, able, and willing to proceed. On January 18, 1924, plaintiffs, after notifying defendant of these facts, demanded the certificate of title covering the property on which the loan was to be made, but the certificate was not forthcoming. A demand for the certificate was made three times during the following week, but it was not delivered either to plaintiffs or to the National Bond and Mortgage Company. Finally, on January 28, 1924, plaintiffs demanded of defendant that he proceed with the loan or pay their commission. Defendant refused, saying he had decided not to…