Ganz

This is an action to recover from the defendant a commission, alleged to have been earned by plaintiff in the consummation of a sale of sugar by the defendant to one C. F. Buelow.

The plaintiff is a broker and was engaged at the time of the transaction out of which this suit arose in consummating sales of beans, walnuts and peanuts, and who, during 1920, at which time sugar was a valuable and scarce commodity, also engaged in the sugar brokerage business. The defend ant was engaged in the business of refining sugaP and selling the same in its refined state through a firm in San Francisco, paying therefor on all such sales a commission of two cents per hundred pounds, which fact, it is alleged by the defendant, plaintiff well knew.

Early in 1920 the plaintiff called on W. H. Hannam, general manager of the defendant company, and introduced as his agent in charge of his sugar department one L. W. Goeppert. Plaintiff at that time sought to buy from the defendant some raw sugar. This was refused upon the ground, as stated by Hannam, that the defendant, Western Sugar Refinery, was a buyer, not a seller, of raw sugar. On June 21, 1920, subsequent to the visit aforementioned, Goeppert…