Collom

This is an appeal from a judgment in favor of plaintiff for the sum of $844.10, and from an order denying the defendant’s motion for a new trial. The essential facts are these: The plaintiff in April, 1906, was a real estate broker in the employ of Madison & Burke, a real estate firm in San Francisco. After the earthquake and fire of that year, knowing that Mrs. B. McDermott was the owner of certain property on Fillmore Street which she desired to rent, and having learned that the defendant wished to lease the property, the plaintiff went to the home of Mrs. Mc-Dermott in Oakland on April 26, 1906, and obtained from her an option for a lease of the premises for three years, with a privilege of renewal, and at a rental of five hundred dollars a month, the option to expire on May 1st. Two days later he made an agreement with Boos Bros., by which he agreed to procure a lease of the premises for them, for three years, with a privilege of renewal, at a rental of six hundred dollars per month, and by which Boos Bros, agreed to pay Collom “out of the monthly rental of $600 per month to be reserved in said lease, such amount as the owner of said premises may allow him, the same to be in…