Hoffman

Appeal by the defendant from the judgment and from an order denying its motion for a new trial.

There was no abuse of discretion by the superior court in refusing a continuance of the trial after denying the defendant’s motion for nonsuit. The only witness proposed for defendant was not present. No subpoena had been served upon this witness and on the showing made the court had legal authority to proceed without delay.

The findings were signed by the judge without any preliminary service upon defendant of proposed findings. Assuming without deciding that the new provisions of section 634 of the Code of Civil Procedure, as amended in 1913, are more than directory, nevertheless, the service of proposed findings was not required in this case, since the record does not show that the court gave any direction that findings be prepared by the plaintiff.

The defendant corporation is a broker engaged in selling real property for commissions. The plaintiff’s demand for ■which judgment has been entered was for compensation for services rendered to defendant in the course of its búsiness. These services consisted in exhibiting to prospective purchasers real property which afterward was…