Goodrich

The action was brought to recover a broker’s commission of five hundred dollars for the exchange of real properties. From a judgment in favor of plaintiff for that amount, defendant appeals.

Defendant and his wife were the owners, as tenants in common, of two lots, consisting of forty acres, in Fairmead Colony No. 3, in the county of Madera. About one year before the contract in suit was executed, defendant signed a “listing card,” in which he authorized plaintiff to sell or trade his real and personal property (describing it) for the sum of ten thousand dollars, stating that he would trade for “small orchard about 10 a. about same price, or small acg. in town of San Jose.” Some months later, one R. T. Padget listed with plaintiff for sale or trade certain property in the city of San Jose and six acres of country property, “for the sum of $15,000.00 or any other price that I may agree upon,” and stating that he wanted a “valley ranch.” On the real property of defendant there was a mortgage of three thousand dollars, while on Padget’s property there was a mortgage of $4,250. Plaintiff called to defendant’s attention the Padget property and drove him and his wife to San Jose to…