Euless

Plaintiff sued F. D. Vanderlip to recover a commission for the sale of real property situated in Fresno County and owned by said Vanderlip. Judgment went for defendant, from which plaintiff appeals on the judgment-roll alone. Since the appeal was taken the defendant died and E. M. Westphal, as executrix of his estate, has been duly' substituted in his stead.

The action was tried on plaintiff’s amended complaint and the answer thereto. The amended complaint was framed in two causes of action. The first was in the form of a common count and alleged that within one year last past the defendant became indebted to plaintiff for services rendered in the sum of $8,250. The second alleged that the defendant was the owner of certain real property in the county of Fresno; that on the third day of January, 1919, he employed plaintiff to sell the same under a written memorandum which is attached to the amended complaint and marked exhibit “A”; that pursuant to said memorandum the plaintiff procured a purchaser willing, ready, and able to purchase and who did purchase the property for $165,000' on terms satisfactory to the defendant; that said memorandum provided that defendant would pay to…