Leckey

Plaintiff, a real estate broker, brought this action to recover broker’s commission. The defendant was the owner of property on Western Avenue in the city of Los Angeles, which she was desirous to improve with a building and to lease the same for a term of years. With this in mind, defendant (appellant here) made an oral agreement with plaintiff to secure a tenant for her property, whereupon the plaintiff introduced appellant to Sid Grauman, who wished to open a theater in the neighborhood of appellant’s lot on Western Avenue. The appellant, in company with the plaintiff, called at the office of Mr. Grauman on April 1, 1921, and an agreement was executed by the terms of which appellant agreed to build a theater and lease it to Mr. Grauman for a period of fifteen years at a monthly rental of $850. Mr. Grauman was" to furnish certain equipment and the plans and specifications were to be subject to his approval.

On April 14, 1921, appellant made a contract with Arthur H. O’Brien, an architect, to furnish plans and specifications for the proposed theater building at an agreed price of $600, $500 of which was subsequently paid to him by appellant.

On May 31, 1921, plaintiff and…