Allison

This is an appeal from a judgment entered in favor of the plaintiff. It is presented upon the judgment-roll and a transcript of the evidence.

The plaintiff is a corporation. S. B. Anderson and H. H. Beckwith are partners doing business under the name of Beckwith & Anderson. The action is by the corporation, which seeks to recover the sum of one thousand five hundred dollars on an alleged contract to pay commissions for services rendered in procuring a purchaser for certain real and personal property of the defendant. The material facts are as follows: On October 4, 1910, the defendant gave “to the Beckwith-Anderson partnership” the exclusive right for the term of three months to sell the property in question for thirty-three thousand five hundred dollars. According to the undisputed testimony this contract was by subsequent agreement continued in force until on and after March 25, 1911. Plaintiff’s action is upon an alleged written contract between plaintiff and defendant of date March 25, 1911, concerning which the evidence is as follows: On March 22, 1911. a letter signed Beckwith-Anderson Land Co., was sent by Mr. Beckwith from Tulare, California, to the defendant at Mesa,…