Tillman

Plaintiff is a real estate broker and the defendant the owner of an orange grove in the San Fernando Valley, Los Angeles County. This action for commissions is based upon a letter from defendant to plaintiff, of which the following is a copy:

At the close of the trial the court gave defendant judgment for his costs. From the judgment the plaintiff appeáls upon the judgment-roll and a transcription of the proceedings of the phonographic reporter.

The record contains no specifications of insufficiency of the evidence to support the decision of the court. However, we have taken the time to read the pleadings, evidence, findings, and judgment and find that the decision is not only supported by the evidence in the case, but is founded upon evidence with little or no conflict.

The court found that on November 4, 1918, plaintiff produced a prospective purchaser to defendant, who signed and delivered to defendant “what purported to be a written acceptance of defendant’s proposal to sell said property on the terms set forth in the letter hereinbefore set forth,; but the court finds that before said written acceptance was signed and delivered to defendant as aforesaid, the said proposal…