Galt

This is an appeal from an order granting defendants’ motion for a nonsuit and judgment therein entered in favor of defendants and against plaintiffs.

The action was brought to recover damages suffered by plaintiffs through defendants’ breach of their contract of lease, to wit, failure to give possession.

The defendants answered jointly though at the trial and on the appeal defendant Paddon appears through separate counsel.

The facts as appearing here and in the court below follow: In December of 1922 or thereabouts one Thomas L. Ricks, an agent or representative of a real estate firm, called upon Leland S. Murphy, defendant, in search of an apartment house that he might lease for a client. Murphy advised him that he had just such a place as was desired, and thereupon gave to Ricks a statement covering said house, showing what the house could be made to yield and also the amount of rent demanded. Ricks in due time communicated these facts to the plaintiffs in whose interests, it seems, he was endeavoring to find a suitable location. After negotiations and investigation on January 26, 1923, a lease of the premises was prepared and executed by defendant Verne Clarke, as lessor,…