Newbury

Action to recover the amount of a commission, alleged to be due on a contract to pay for services rendered by the plaintiffs in procuring for the defendants a tenant to whom the defendants made a lease of real property.

With one exception, all of the points urged by appellants consist of claims that the evidence is insufficient to support certain findings of fact'. [1] The bill of exceptions contains the evidence received at the trial, but the record contains no specification of any kind directed to insufficiency of the evidence to support the findings. This being so, no question of sufficiency of the evidence to sustain the findings can be considered on this appeal. (Regoli v. Stevenson, 179 Cal. 257 , [ 176 Pac. 158 ]; Carter v. Canty, 181 Cal. 749 , [ 186 Pac. 346 ].)

[2] Appellants further contend that the complaint counts upon an express agreement for the payment of a specified sum; that the findings of fact negative the allegation of an agreement to pay that amount; and that the court’s finding that the amount awarded is a reasonable sum for the services rendered is not responsive to any allegation contained in the complaint; for which reasons appellants claim that the…