Malmstedt

This action was brought by plaintiff, as assignor of W. I. Hollingsworth and B. O. Miller, copartners doing business under the firm name of W. I. Hollingsworth & Co., to recover a broker’s commission. The assignors were at all the times herein mentioned duly licensed real estate brokers. The case was tried by the court; which found for the plaintiff, and judgment was entered accordingly.

Defendant, who has appealed, claims that certain of the findings are unsupported and that the court erred in its conclusions of law therefrom.

The facts established by the evidence were as follows: In September of 1921, J. P. Simonsen and J. A. Fleming, who owned the Fountain Cafeteria in Los Angeles, wished to purchase another cafeteria. This fact was known to the brokers, who were endeavoring to procure one for the prospective buyers. Defendant and A. L. Plotner, his part ner, owned and operated the Poinsettia Cafeteria, which was for sale. Knowing this, the brokers commenced negotiations with defendant for the purchase of the business, but refused to disclose the names of the prospective buyers until - defendant promised to pay a commission in case of sale. This he agreed to do, and on…