Connor

This is an action brought by plaintiff as assignee of C. B. Guthrie & Company, a corporation engaged as a real estate broker in Los Angeles, to recover a commission alleged to be due from defendant for services rendered in effecting an exchange of defendant’s real and personal property situated in Los Angeles County for certain real and personal property situated in the state of Texas, belonging to one John T. Sweatt, valued in the exchange at one hundred and fifty-eight thousand five hundred dollars.

Plaintiff appeals upon the judgment-roll from a judgment entered in favor of defendant.

It appears from the findings that about July 1, 1908, defendant went to the office of the corporation and gave J. C. Odell, an employee thereof, a printed folder describing a ranch owned by him in Los Angeles County which he desired to sell or exchange, and wherein it was stated that the owner would allow agents one thousand dollars’ commission for a proposition which he might accept, and that agents, except as to the one thousand dollars, must look to their own side for commissions. The name J. W. Riggins was neither written nor printed upon the folder, the address given being “Texas…