White

An action by a broker to recover a commission for services alleged to have been rendered in procuring an agreement for the exchange of certain real estate owned by defendants. Defendants denied that plaintiff performed his agreement or that they agreed to exchange on the terms alleged, and averred fraudulent representations by the plaintiff and the party procured by him. Judgment was entered for plaintiff, from which defendants appealed.

According to the findings defendants on January 14, 1925, employed the plaintiff to procure a sale or exchange of their property, for which service they agreed to pay a commission. On April 3, 1925, C. R. Scott was the owner of certain real property in Oakland, California, and from him the plaintiff procured an offer in writing to exchange this property for that of defendants, which offer the latter accepted. Defendants independently of plaintiff examined the Oakland property before they accepted the offer and knew its value, condition and the income therefrom, which the plaintiff at no time misrepresented. The offer from Scott contained a provision that the same should not be effective if within ten days from its date he should exchange the…