Arnold

This is an appeal from a judgment for the plaintiff, and from an order denying the defendants’ motion for a new trial. The complaint alleges that the plaintiff with his assignor, as copartners and brokers, procured a tenant for the defendants for the two upper floors of the building in the city of Los Angeles known as “Leonide,” and that defendants promised and agreed to pay the plaintiff and his copartner therefor a commission of one and one-half per cent of the aggregate rentals to accrue during the term of the lease, amounting to $378, no part of which has been paid, etc. The court finds these allegations to be true, and also finds the specific facts of the transaction as it understood them. But the case presented by the evidence, in which there is no material conflict, is, we think, essentially different from the case found, and is as follows:

The transaction under which the plaintiff’s cause of action grew is thus detailed by the plaintiff—referring to his first interview with Mr. Woollacott touching the renting of the building in question, and to a pending offer from another party on which a deposit had been paid: “I asked him if he was in a position to consider an offer…