Farinacci

Appellant, a real estate broker, sought to recover an agreed commission for negotiating an agreement for the exchange of respondent’s property for a building which consisted, of five stores on the ground floor and apartments on the two upper floors and upon which Jim T. Sanderson, the other party to the exchange, then held an option. The judgment, denying such recovery, was predicated in part upon the court’s determination that the execution of the commission agreement was solely induced by the mutual mistake of the parties thereto as to the rentals received from the Sanderson property. Appellant attacks the judgment upon the ground that the evidence does not support the findings embodying such determination.

The evidence upon this matter consists mainly of the testimony of respondent and appellant’s salesman, which as to all material facts, is in accord. This salesman, in submitting Sanderson’s property to respondent, gave to the latter a schedule of rents which he stated had been received from Sanderson’s agent as true. This schedule represented that one store was leased for five years at a monthly rental of $202; one store was rented on a monthly tenancy at $75 per month; two…