Levy

This is an appeal by defendant from an adverse judgment in an action brought in the name of Watson, Pond & Riddle (a corporation), the present plaintiffs being afterward substituted for them, for the recovery of one thousand two hundred dollars for services claimed to have been performed for the defendant in bringing about an exchange of real estate in San Francisco.

It appears from the evidence that from time to time during a period of more than a month prior to October 25, 1909, F. W. Thurston, the accredited representative of Watson, Pond & Riddle, had been endeavoring to effect an exchange of certain properties between the defendant and Mrs. Emma Siminoff, with the result that on October 24, 1909, the defend ant and that lady arrived at an understanding as to the terms of the proposed exchange, and Thurston was directed to prepare an agreement embodying them. Accordingly, the next day Thurston prepared in duplicate a written agreement of exchange and two contracts of employment, one to be signed by Mrs. Siminoff and the other by the defendant, whereby the parties to the exchange agreed to pay to Watson, Pond & Riddle a commission of one thousand three hundred dollars. On said…