Metcalf

This is an appeal from a judgment for broker’s commission for procuring a purchaser for real property who was ready, willing, and able to buy it upon the terms specified.

December 13, 1924, the appellant signed a written contract with respondents agreeing to pay $2,000 commissions for the sale of a Los Angeles lot upon terms which were specifically enumerated. Within the five days’ -limitation of time the respondents procured a purchaser who was ready, willing, and able to purchase the property upon the written terms prescribed. The appellant, however, refused to con summate the sale, insisting that it was orally agreed the conveyance was to include a restrictive clause prohibiting the use of the property for public garage purposes. The written contract for employment contained no such restriction. The appellant pleaded, and, over the objection of the respondents, offered evidence in support of his claim that: “The written memorandum (contract) did not contain the clause agreed to between the plaintiffs and defendant to the effect that the title to be conveyed by the defendant should be subject to a condition subsequent prohibiting the use of the property which was the subject of…