Rucker

By this action plaintiff, Rucker, sued to recover six hundred dollars as commission for having represented defendant, Hubler, as agent and having secured the execution of an agreement of exchange of real estate. Concerning this agreement the court found as follows:

“That on, or about, the 11th day of January, 1919, the city of Long Beach, California, the defendant, S. M. Hubler, employed the plaintiff, M. S. Rucker as a real estate broker to secure an agreement for the transfer of the southeast quarter (SE. *4) of section twenty-two (22), township five south (5 S.), range six (6), Riverside county, California, for certain real property owned by one Samuel Brown described as lot twenty-three (23), Potter’s Wood-lawn Subdivision, city and county of Los Angeles, for which services the defendant agreed to pay the plaintiff as hereinafter found.”

The court further found that plaintiff secured the execution of a written agreement by which one Samuel Brown agreed to exchange his property for defendant’s and defendant agreed to accept the same in exchange for that described in the agency agreement. The defense interposed was that Brown did not own the property which he offered to…