Fritz

Appellant was the owner of a tract of land in Los Angeles County which he desired to sell for $225,000. It was subject to the lien of a local improvement assessment in the sum of $2,870.48. Respondent and W. Y. Young, his assignor, were real estate brokers duly licensed by the state of California.

Early in February, 1926, appellant came in contact with respondent and expressed a desire to sell his property. He made a verbal promise to respondent to pay him five per cent commission on the first $50,000 of the selling price and two and one-half per cent commission on the balance in the event of respondent effecting a sale. Respondent interested W. Y. Young in the transaction and they entered into negotiations with Heffron, McCray and St. John with the view of selling it to them. Young and respondent agreed to divide the commission equally.

On February 8, 1926, and before the signing of the option hereinafter referred to, Young interviewed appellant and told him he was working with respondent on the sale and expected to divide the commission with him. Appellant thereupon promised to pay one-half of the commission of $6,875 to Young and one-half to appellant. On the same day…