Sobaje

The action is for the recovery of $650 as commissions for procuring a purchaser of certain real property. The cause was tried by the court without a jury and plaintiffs had judgment for the amount claimed by them. The appeal is from this judgment and is here on a bill of exceptions.

It is alleged in the complaint that plaintiffs are copartners under the firm name of New England Real Estate and Insurance Company; that, on or about April 15, 1916, plaintiffs “entered into the service of the defendant, P. M. Schubert, at his special instance and request as his agents to sell and dispose of the following described real property [describing it]

. . . for the sum of thirteen thousand dollars, payable at the times and upon the terms and conditions agreed to and suggested by the said defendant; for which services defendant agreed in writing to pay plaintiffs therefor the sum of five per cent as comjmission on the said sum of thirteen thousand dollars, such commission amounting to $650”; that plaintiffs did, on or about April 20, 1916, ‘ ‘ procure a purchaser for the defendant’s said lands, who was then and there ready, willing, and able to complete the purchase of the defendant’s said…