Caine

The plaintiff brought this action to recover a judgment from the defendant for the sum of $10,000, alleged to be the amount of the compensation which defendant agreed to pay plaintiff for negotiating the sale of certain real property and certain personal property be- ° longing to the former. The issues of fact were tried by a jury, who returned a verdict in favor of plaintiff for the sum of $4,000. Judgment was entered accordingly and this appeal is by the defendant from said judgment upon a record made up according to the terms of section 953a of the Code of Civil Procedure.

The real property involved herein consists of 120 acres, with improvements, the property of defendant, and is situated in Fresno County. Eighty acres of the land, at the time of the negotiations herein concerned, were in producing grape-vines of the Alicante variety and forty acres in producing grape-vines of the Thompson variety.

In July, 1922, the defendant Briscoe entered into a written agreement with C. L. Caine, plaintiff, a real estate broker of the city of Fresno, authorizing said Caine to sell said property. Said agreement is, in part, as follows:

“Fresno, Calif., July 22nd, 1922.

“I hereby…