Pray

An action to recover real estate commissions alleged to have been earned by the plaintiff Mrs. Pray in procuring a buyer for defendant’s property. Upon trial before a jury a verdict was rendered in plaintiffs’ favor for the amount claimed to be due. Judgment was entered accordingly and defendant took two appeals: one from the judgment and the other from an order denying his motion for judgment in his favor notwithstanding the verdict. Summarized, defendant’s grounds of appeal are that the evidence is insufficient in fact and in law to sustain the verdict or the judgment, and that the trial court erred in ruling upon the admissibility of evidence and in refusing to give certain instructions proposed by defendant.

The complaint alleged that defendant entered into a written contract with Mrs. Pray whereby he agreed that if she would produce a purchaser for the house belonging to defendant in Hillsborough, San Mateo County, California, he would pay her a commission of five per cent upon completion of the sale; that in pursuance of such contract she produced as purchasers Henry Duffy and wife, to whom defendant subsequently sold and conveyed the property, but that thereafter he…