Hargrave

Plaintiffs sued to recover the sum of five hundred dollars alleged in the complaint to be owing to them as a broker’s commission earned upon the sale of certain real property. The appeal is from the judgment which was entered in favor of the defendants.

It is contended that the evidence presented at the trial court does not sustain the findings upon which the judgment is based. No testimony was offered on behalf of the defendants; hence the question of a conflict of the evidence does not arise. It is shown in the record that one of the plaintiffs, learning that defendants wanted to sell their flat-building in the city of Long Beach, communicated with defendant Mrs. Moody and ascertained that the property was for sale. The agent requested an exclusive agency on the property for three days, which was allowed by Mrs. Moody, the authorization to the agents being expressed on a card over the signature of Mrs. Moody. The terms of sale there expressed were a total consideration of eighteen thousand dollars, one-half in cash and one-half secured by mortgage. The commission agreed upon and in like manner expressed was five per cent on the first ten thousand dollars and two and one-half…