Tolosano

This is an appeal by the defendant from a judgment against him for two thousand dollars. The plaintiff is a real estate broker and brought the action to recover five per cent commission under a contract between himself and defendant for the sale of certain real property near Fresno owned by defendant. Plaintiff alleged the making of the contract in writing and the production of a purchaser by him, ready, able, and willing to purchase under the terms of the said contract, and the refusal of the defendant to consummate the transaction.

There is some conflict in the testimony as to the signing of the contract between the parties; also a suggestion of change in its terms, etc., but the trial court, after hearing all the testimony, concluded in its findings that the contract was signed by the defendant; that plaintiff did not change or cause any alterations to be made in the same; that plaintiff produced a purchaser ready, willing, and able to purchase the property upon the terms and conditions agreed upon between plaintiff and defendant; that plaintiff duly performed all the terms and conditions of the contract between himself and defendant upon his part to be performed, but that the…