Avis

Plaintiffs commenced the action to recover the sum of $1,075 alleged to have been earned as brokers’ commission in the sale of defendants’ ranch and certain personal property thereon. The appeal is prosecuted from a judgment in favor of defendants. On August 17, 1923, defendant J. C. Rebhan and Jennie L. Wagner met, through the instrumentality of plaintiffs, at defendants’ ranch and signed the following memorandum agreement for the purchase and sale of the property:

At the time the memorandum agreement was signed Mrs. Wagner paid $500 on account of the purchase price. On August 20th plaintiff W. M. Avis, Mrs. Wagner and .the defendants met at the First National Bank at Ontario and there a contract for the purchase and sale of the property was prepared by an officer of the bank and signed by Mr. and Mrs. Rebhan as sellers and Mrs. Wagner as purchaser. By the terms of this contract the purchaser was to pay $2,-500 by September 20, 1923, and $500 each month thereafter until the entire purchase price should be paid. The sum of $500, which had been paid by Mrs. Wagner, was by consent of all parties turned over by Mr. Avis to Mr. Rebhan. The contract itself, which was not signed in…