Bryant

Plaintiff appeals from an adverse judgment in an action to recover $1,500 alleged to be due for services rendered as real estate broker in connection with a proposal made by respondent to exchange his ranch in Sonoma County for an apartment house in San Francisco.

It appears from the evidence that in May, 1924, after having had certain preliminary negotiations with a real estate salesman named Cohen, who was connected with the appellant company, respondent addressed a communication to appellant, dated May 6, 1924, wherein he agreed to exchange his ranch subject to a bank encumbrance of $12,500 bearing interest at seven per cent, for an apartment house situated on Hyde Street in the city and county of San Francisco, subject to two encumbrances, one for $20,000 bearing interest at six per cent, the other for $6,500 bearing interest at eight per cent. Continuing, the communication provided: “Should you succeed in securing an acceptance of this agreement on or before May 15, 1924, I agree to pay you as commission $1,500 for your services rendered and you may also receive a commission from second party.” On May 8, 1924, Cohen, accompanied by Arthur M. Cle ment and wife, with whom the…