Kash

This is ah appeal from a judgment in favor of the defendant, after motion for a new trial made and denied. The action is one to recover commissions claimed to be due under a written instrument, which, it is alleged, appointed plaintiffs exclusive agents to sell certain real and personal property of the defendant. It is further alleged that pursuant to the agreement the plaintiffs procured purchasers ready, willing, and able to, and who did actually, purchase the real property for the sum of fifteen thousand five hundred dollars. The court found these allegations to be untrue. In seeking a reversal, appellants contend that the evidence is insufficient to justify the judgment, and that the decision is against law.

Plaintiffs were engaged in the real estate business, and Mr. Besoyan was engaged in the same kind of business in a neighboring town. They sometimes worked together, and frequently exchanged lists of available properties. On May 13, 1919, the defendant, B. Paule, one of the owners, by an instrument in writing, appointed plaintiffs as agents to sell the real property, together with certain personal property located thereon, all for the sum of fifteen thousand five hundred…