Glazer

The above-named actions, though based partly upon different contracts, begun separately and asking for judgment in different sums, were consolidated for the purposes of this appeal and have been presented upon one transcript and argued in one set of briefs. For convenience we will consider first, the questions presented in the Glazer case, which to some extent will answer the questions presented in the appeal by Considine, and we will then consider the questions which are peculiar to the Considine appeal. Both cases were prosecuted to recover commissions relating to the exchange of real property, and nonsuits were granted in both cases. The appeals are from the judgments granting nonsuits.

The record discloses that Per Hanson and Susan Hanson, his wife; were the owners of certain real property situate in the county of Glenn, and that on or about the first day of October, 1926, at Oakland, in the office of the plaintiff Glazer, the defendant Susan Hanson signed a writing for exchange of properties. The writing which we will call an agreement was never signed by her husband, Per Hanson. The name “Per Hanson” was attached to the writing by Susan Hanson. Susan Hanson, however, was…