McPhetridge

While this cause is presented to us upon two separate appeals; one by the Hartford Accident Indemnity Company and E'. P. Smith, ..upon a reporter’s transcript prepared under the provisions of section 953a of the Code of Civil Procedure, and one by the Globe Indemnity Company, upon a bill of exceptions or transcript on appeal prepared according to the old method, we will, nevertheless, for convenience, consider the cause as presented upon one record, referring to nothing except what appears in the tran script on appeal as well as in the reporter’s typewritten copy of the evidence introduced upon the trial.

The action was begun by the plaintiff to recover from the defendants the sum of $1,000 alleged to have been obtained from him by reason of the unlawful and wrongful acts of the defendants, E. P. Smith and Glenn Newton, and from the Hartford Accident and Indemnity Company, a corporation, as the surety of E. P. Smith, and against the Globe Indemnity Company as the surety of the defendant Glenn Newton. The defendants E. P. Smith and Glenn Newton were, at all the times mentioned in this action, real estate brokers or real estate dealers, the defendant Glenn Newton having his place…