Mack

The plaintiff sued to recover compensation alleged to have become due and payable through a real estate transaction. The trial court made findings in favor of the plaintiff and the defendants have appealed under section 953a of the Code of Civil Procedure.

The plaintiff pleaded his case in two separate counts. The defendants did not interpose a demurrer but appeared and answered. Some uncontroverted .facts are that prior to the beginning of these transactions the defendants were attempting to locate a property which would be suitable for their business location and which they could purchase; that the Hotel Woodrow, located at 364 O’Farrell Street, in San Francisco, was such a property; that the plaintiff took the defendants to that hotel and showed it to them; that the hotel was owned by Mrs. S. R Spotts; that it was heavily encumbered and that foreclosure proceedings were then being instituted; that the hotel was satisfactory and the estimated cost was satisfactory to the defendants; that on the eleventh day of August, 1921, the defendants executed and delivered to the plaintiff what the parties call “the second offer” to purchase the Hotel Woodrow, and that on the same day they…