Proulx

This is an action for the recovery of a realty broker’s commission alleged to be due under a contract whereby the plaintiffs were employed to assist in the sale of certain real estate. The case, which was tried with a jury, resulted in a judgment of nonsuit, from which the appeal is taken.

Plaintiffs’ complaint in substance. alleges that the defendants were the owners of or had options upon certain several and separate parcels of agricultural land situate in Glenn and Colusa counties, in the state of California, known as “Glenn Rancho Lands,” “Packer Tract” and “Boggs Ranch Lands”; that the plaintiffs and defendants entered into a contract by the terms of which the plaintiffs, as copartners, were employed to assist in the sale of the designated lands for the agreed compensation of two and one-half per cent of all sums for which said lands or any part thereof might be sold with the assistance of the plaintiffs; that in accordance with such agreement the plaintiffs proceeded to and did assist the defendants in the sale of two thousand acres of the lands mentioned at the price of $62.57 per acre, or in all, the sum of $125,140; that there is due to the plaintiffs under the terms of…