Elsea

This is an action to recover the sum of three thousand one hundred dollars alleged to be due the plaintiff as for a broker’s commission on the exchange of real estate.

Judgment passed in favor, of the defendant and the plaintiff prosecutes this appeal therefrom and from the order denying his motion for a new trial.

The basis of this action is the following “option to sell” the property therein described:

“OPTION TO.SELL.

“San Francisco, Cal., Jan. 5th, 1910.

“For and in consideration of the sum of one dollar, the receipt of which is hereby acknowledged, I hereby give to Chandler & Bourn, of this city, the exclusive right to sell for me at the net price of one hundred and eighteen and 75/100 dollars ($118.75) the following described property, to-wit: [Describing it.]

“This option to remain in full force for a period of ninety (90) days from date hereof. I agree to grant all necessary time in which to examine the title to said property, and to give a good and sufficient deed free and clear of all encumbrance. I authorize said agents, or their assigns, to accept for me and in my name, a deposit on account of the sale of said property, and in the event of the title proving…