Roberts

The defendant presents this appeal from an order denying her motion for a new trial.

On June 22, 1911, the defendant agreed in writing with Walter J. Sherwood, plaintiff’s assignor, for services to be rendered in the sale of defendant’s lease of certain apartments in the city of Los Angeles. Said writing contained the following agreement: “It being understood that Walter J. Sherwood has now a prospective purchaser from whom he expects to secure a sum of fifteen hundred dollars for the lease on the above mentioned apartments, and should he succeed in consummating a deal with this purchaser shall be paid the sum of five hundred dollars.” On June 23, 1911, Sherwood brought to plaintiff the prospective purchaser, one Sumner Cummings, who then and there entered into a written contract with the defendant and paid the sum of fifteen hundred dollars, of which one hundred dollars went directly to the agent and fourteen hundred dollars to the defendant. By the terms of said writing with Cummings the defendant acknowledged receipt of fifteen hundred dollars, “part payment for lease on Navarro Apartments, . . . and upon receipt of the further payment of $1833.32 on or before the 15th day of…