Holtham

This action is for the recovery of a real estate broker’s commission in the sum of fifteen hundred dollars.

The case was tried by the court without a jury and judgment went for the defendants. From this judgment, and the order denying a new trial, the plaintiff prosecutes this appeal.

The facts necessary for a correct understanding of the questions involved on this appeal can be thus briefly stated:

Defendant George E. Savory owned approximately two hundred acres of land in San Joaquin County, California. Appellant is a duy licensed real estate broker. On January 6, 1923, they entered into the following written contract, to wit:

Soon after the execution of this contract, the plaintiff moved upon the property and took possession thereof, and remained upon the premises until on or about the 26th of August, 1923, when she removed from the land and took up her residence in Modesto, California, leaving a caretaker in charge of the ranch.

Some time prior to October 16, 1923, a controversy arose between the plaintiff and defendant, George B. Savory, with reference to the payment of certain bills contracted by plaintiff while on the ranch, and the use and possession by plaintiff of…