Haun

This is an appeal by the defendant J. J. Rosenmayer from a judgment against him alone in the sum of $3,534.96 for commissions upon the sale of goods. The plaintiff is the assignee of Sutphen & Company, a co-partnership engaged in business as brokers and manufacturers’ agents in the city of Chicago. The defendant was engaged in Los Angeles in the business of buying cauliflower from the farmers and packing the same in barrels and then selling in the eastern markets in carload lots. The defendant paid commission to the plaintiff’s assignor upon a sale of five carloads to Libby, McNeill & Libby, a Chicago buyer, and the dispute is over the commission upon an additional eighty cars sold to the same purchaser a day or so later. The appellant attacks the finding of the trial court to the effect that the plaintiff’s assignor rendered services to the defendant as a broker in securing the purchaser for these additional eighty cars of cauliflower. This finding is based upon the correspondence between the parties, which is set out in the record. It can serve no useful purpose to quote that correspondence in full here, and in the interest of clarity we shall merely call attention to those…