Tashjian

This is an appeal by the plaintiff from a judgment against him in an action to recover commissions alleged to be due him upon a written contract with the defendant for the sale of defendant’s real property in Fresno County.

The trial court found that neither during the term of the agreement between the parties nor thereafter did the plaintiff find a purchaser for the property who was ready, willing, and able or ready, or willing and able to purchase said premises according to the terms of said agreement.

[1] There is only one question presented' to us upon appeal, and that is the sufficiency of the evidence to sustain this finding.

While this court is, necessarily, always bound by the findings of a trial court in a case where the evidence is conflicting, there are, nevertheless, certain types of cases in which this rule is more peculiarly efficacious than in others. The record here presents such a case. Almost all the witnesses, including the parties to the action, struggled to express themselves in a language which was unfamiliar to them. This difficulty, added to their apparent confusion when called upon to remember and state accurately and precisely important matters, leaves…