Kornman

In this action the complaint alleges that the defendant became indebted to the plaintiff in the sum of $350 for services rendered at the special instance and request of the defendant. This issue was met by appropriate and sufficient denials on the part of the defendant. In response to this issue the court found: “That within one year prior to the filing of the complaint and issuance of summons herein the defendant agreed with the plaintiff to pay plaintiff as a consideration for assisting in the sale of certain real estate 5% upon the sale price of a certain parcel of real estate located in the City of Los Angeles, should he, the defendant, sell said real estate, and that said defendant sold said real estate for $7,000.00”; upon which finding judgment went for plaintiff for the amount demanded. The testimony adduced at the trial stated in the most favorable light to support the plaintiff’s contention is substantially as follows: Respondent rented a house from the appellant in the city of Los Angeles, which house appellant had for some time unsuccessfully endeavored to sell. Upon the occasion of the renting of the house respondent states that the appellant agreed that if she would…