Daniel

This is an appeal from a judgment and order denying the defendants’ motion for a new trial.

The action was brought to recover the sum of $550 alleged to be due as the commission of a real estate agent in securing a purchaser for the property of the defendant, Sadie B. Calkins, pursuant to a written contract of authorization and also an alleged oral agreement as to the amount of commission to be received in the event of a sale. The evidence in the case discloses that the plaintiff was a real estate agent residing and doing business as such at Sunnyvale, in the county of Santa Clara, in the year 1912; that during the month of July of that year the defendant, Sadie B. Calkins, was in possession of a piece of real estate of which she was shortly to become the owner, and that in that month and at her request the plaintiff took a Mr. Deckman (who subsequently became the purchaser of the property) out to see it with a view to buying it; that the price of twelve thousand five hundred dollars was quoted to him at that time by plaintiff, and he said he would take the property at that figure; but when the plaintiff reported these facts to Mrs. Calkins she said that she had decided not to…