McBride

Appeal by the defendant from a judgment awarding to the plaintiffs the sum of and costs.

In their complaint plaintiffs allege that within two years prior to the commencement of the action defendant became indebted to them on account of money had and received for their benefit. All of the material allegations of the complaint were denied in the answer.

Plaintiffs were Ihe owners of a house and lot in the city of Los Angeles. They desired to sell the same. Defendant was engaged in the business of buying and selling real estate as an agent. Plaintiffs ¿rally listed with the defendant, through one of the latter’s employees, their property for sale, the price fixed being the sum of $3,500, out of which they expected to pay the customary commission which the evidence shows would have been five per cent or the sum of $175. Defendant found a purchaser for the property, but informed this proposed purchaser that the price was $3,750. Defendant accepted checks from the purchaser for the full amount and then communicated with plaintiff A. N. McBride. Without informing the plaintiff that he had secured a purchaser, he stated to McBride that he had not seen the property but that it was in a…