Stouffer

Appeal by defendants from a judgment in favor of plaintiff and from an order denying defendants’ motion for a new trial.

.'The complaint stated in the ordinary form causes of action upon two promissory notes admitted to have been executed by .the defendants and made in favor of the plaintiff. The notes were given as the result of an agreement made between plaintiff and defendants, the. amount represented thereby being for commissions to be paid to the plaintiff by defendants in consideration of services rendered. Plaintiff was a real estate broker and was instrumental in effecting an exchange of certain property of the defendants in the county of Riverside, California, for real property in the state of Colorado. Defendants in their 'an swer sought to avoid liability on the notes by setting up the defense that their agent had béen guilty of fraud in that he had misrepresented the value of the Colorado property which was received by them in exchange for the California real estate. It should be remembered, then, that this is not an action against the other party to the exchange for falsely representing the value of his property, but is an action based solely upon an alleged breach…