Hidy

This is an action by a real estate broker for a commission. On September 19, 1927, the defendant signed a written proposition to exchange a piece of real property owned by him in San Diego upon certain stated terms, for another piece of real property in San Diego owned by W. B. Tyrrell. This instrument contained a provision authorizing the plaintiff herein to act as agent in negotiating said exchange, agreeing to complete the deal if said agent secured an acceptance of the proposition and further agreeing to pay the agent the sum of one thousand dollars as a commission for his services, when such an acceptance was secured. It was further agreed that a failure on the part of defendant to fulfill the agreement should not release him from the payment of the commission. Attached to this proposal was an acceptance of the proposition, prepared for the signature of the other party, Tyrrell. During the next day the plaintiff secured the consent of Tyrrell to the proposition, and obtained his signature to the attached acceptance. That same day the plaintiff told the defendant over the phone that he had secured this acceptance, and no objection being made by the defendant, an appointment…