Sparber

This is an action to recover broker’s commission arising out of the sale of a gasoline service station and equipment. Judgment was for plaintiffs against both defendants and both defendants appeal. Two points are raised, namely:

No questions are raised as to the capacity of plaintiffs to act as brokers or the compliance by them with the laws governing. There is evidence to support the following statement of facts:

As stated, plaintiffs are licensed brokers operating in Alameda County. In January, 1927, Waugh called at the office of plaintiffs and stated that the service station was for sale and asked one of those connected with the office to send Mr. Sheets, one of the plaintiffs, to the station for further discussion. At this first conversation defendant Waugh promised to pay a commission on the sale. Sheets subsequently, a few days later, called upon Waugh at the service station and the matter of the sale was again taken up. Waugh at this time told Sheets that if he brought somebody out to purchase the station and a sale was made he would pay $1,000 commission irrespective of the price obtained. Some time during February, 1927, Sheets had another conversation with Waugh…