Leventritt

Plaintiff sued to recover the sum of $1,883.70 as broker’s commissions for procuring a tenant for defendants. Judgment went for defendants, and plaintiff in due time appealed to this court from the judgment and from the order denying his motion for a new trial.

Defendants, through one of their number admitted to have sufficient authority therefor, signed and delivered to plaintiff a writing in the words as follows:

Thereafter plaintiff procured a tenant or a prospective tenant for the contemplated building, in the firm of Zellerbach & Sons, who were financially responsible and acceptable as tenants to defendants.

Defendants and Zellerbach & Sons thereupon on June 13, 1904, executed a writing, whereby defendants agreed to erect an eight story and basement class “B” building upon the lot described, ,and to lease the same to Zellerbach & Sons at an annual rental of eight per cent upon the cost of the building and the value of the land. The building was to be commenced as soon as possible and within six months from the date of the agreement. This instrument provided that the parties of the first part (defendants) would lease the building to the parties of the second part…