Barker

The plaintiff commenced an action against the defendant to obtain a judgment for moneys al leged to be due and owing. The defendant answered and the action was tried before the court sitting without a jury. Judgment went for the plaintiff and the defendant has appealed under section 953a of the Code of Civil Procedure.

Shortly prior to the eighth day of June, 1921, M. J. Ma-honey and W. Sicotti were real estate brokers occupying the same office in San Jose. At the same time Myrtle P. Barker was a real estate broker and had an office at Los Gatos. At the same time the defendant Mrs. Morrell was a real estate broker and had an office in San Jose. Among other properties the plaintiff had listed the property of W. H. Crawford and wife. Shortly before the date last mentioned Mrs. Morrell called at the office of the plaintiff and stated that she would like some properties in that neighborhood and that all deals consummated between the plaintiff and the defendant should be shared equally fifty-fifty on the commission. A few days later the defendant again called and brought with her Ambrose Taylor, who owned some properties in San J ose. The plaintiff entered the automobile which the…