Sessions

This is an action for the recovery of $30,000, with interest from September 11, 1918, claimed by plaintiff to be payable to him by reason of the sale of a tract of land comprising 156 acres and forming part of a parcel known as tract 30, situated in the Oakland harbor and belonging to the defendants.

The ease was tried before a jury, which rendered a verdict in plaintiff’s favor for the full amount of his claim against both defendants. From the judgment thereupon entered the defendants have appealed.

The land in question was conveyed on September 11, 1918, to the United States Shipping Board Emergency Fleet Corporation for the sum of $1,000,000, and plaintiff claims a commission of three per cent.

The property stood of record in the name of the defendant Oakland Water Front Company. That defendant, however, held 434/779 of the land in trust for its codefendant Pacific Improvement Company, and this latter corporation owned about two-fifths of the capital stock of the Oakland Water Front Company.

The tract adjoins another parcel carved out of tract 30, which had previously been sold by the defendants to the Union Iron Works and upon which was located the so-called Alameda plant…