Brooks

Respondents were real estate brokers duly licensed as such under the laws of the state of California. Appellant, together with his brother, Harry F. Gross, and the Estate of Layman, Deceased, were the owners of about forty-two acres of land in the county of San Diego, California. On or about March 15, 1926, appellant entered into a written contract with the respondent Brooks, employing him as a broker to negotiate the sale of this forty-two acres of land agreeing to pay a five per cent commission upon the selling price. About the first of October, 1926, respondent Brooks engaged R. E. Struve to assist him in negotiating the sale. This was done with the permission and consent of appellant, and the sale price was fixed at the sum of $20,000.

About the 19th of October, 1926, respondents brought appellant and the J. C. C. Company, a corporation, together, and a memorandum in writing prepared by appellant’s attorney, was executed whereby appellant agreed to sell to the J. C. C. Company, and it agreed to buy the real estate in question for the sum of $20,000. The agreement was signed by appellant and the corporation. Respondents had previously received $100 on account of the purchase…