Irwin

Pursuant to the unwritten request of the defendant, the plaintiffs procured for the defendant a purchaser ready, willing, and able to buy and pay for certain real property at a stated price. [1] Thereupon the defendant signed and delivered to the Hollywood National Bank escrow instructions dated April 10, 1920, which were addressed to the bank and were in part as follows:

Mrs. Middleton deposited with the bank the required sum and complied with the conditions required of her by the terms of the escrow. At the time of the trial of this action the money remained with the bank and the purchaser was willing to “go on with the deal.” Nevertheless, for reasons which do not appear, the property has not been conveyed to the purchaser. We are not informed whether the failure to complete the sale is caused by willful refusal of the vendor or by her inability to furnish a satisfactory title.

The plaintiffs have prosecuted this action to recover an alleged indebtedness of the defendant to them in the sum of $342.50 for their services in procuring the purchaser for the described real property. It was alleged in the complaint that for said services the defendant promised and agreed in writing…