Hladik

This is an action founded upon an alleged oral agreement between broker and broker for the recovery of one-half of the commissions paid to one broker by the principals to an exchange of two pieces of real property,’which exchange was alleged to have been consummated as the result of the joint efforts of both brokers.

The facts of the case as pleaded and proven upon behalf of the plaintiff are substantially these: The defendants H. B. Allen and L. D. Allen, as copartners under the name of Allen & Co., were engaged in business as real estate brokers. J. H. Bohlig and E. P. Wingerter were the owners of two parcels of real property which they were.induced to exchange as the result of the joint efforts of the plaintiff and the defendants. At the inception of the negotiations the plaintiff alone was the accredited agent of Bohlig; but the defendants, although originally the sole agents of Wingerter, eventually and before the transaction was closed, became, with the knowledge and consent of Wingerter, the agents of Bohlig. The exchange was consummated in keeping with the terms and conditions of accepted written offers to exchange which passed between the owners of the property, under…