Edgecomb

Plaintiff claimed the sum of $8,750 was due him as commission earned in connection with a transaction involving certain real estate belonging to the defendant in the city of Long Beach. Prom a judgment in favor of defendant this appeal is prosecuted.

The appellant, a regularly authorized real estate broker, on April 12, 1929, secured from respondent a letter reading as follows:

A copy of this letter was attached as Exhibit A, to appellant’s complaint.

On April 20, 1929, according to the evidence, the following instrument was signed by prospective lessees procured by appellant:

Within the ten days originally mentioned in the letter of April 12, 1929, notice of the “acceptance” by Messrs. Chudnow and Marx was served on respondent by registered mail, by telegram and by means of a paper left at his office.

No lease was ever executed between the parties, although it appeared that on April 29, 1929, appellant brought them together. At that conference, according to appellant’s testimony the respondent “said he would not go through with the deal, thought he had a better deal, he thought he had a better deal made, something to that effect”. Respondent also “said he would not go…