Webster

This action was brought to recover $550 for services alleged to have been rendered by the plaintiffs as brokers in the sale of the furniture, fixtures, and goodwill of a certain hotel. The complaint contains two counts, the first alleging an express contract of employment, and agreement on the part of defendant to pay a fixed sum of $550 for the services. The second count alleges the rendering of the services by the plaintiffs at defendant’s request, and that the reasonable value of the services rendered is the sum of $550.

The case, tried by the court without a jury, resulted in findings of fact and judgment thereon in favor of the plaintiffs on the second count.

The appellant bases her appeal on the ground o£ the insufficiency of the evidence to support the findings and the judgment of the court. In support of this contention two particular points are urged: First, that “there was no agreement for the employment of plaintiffs as brokers, or to pay them any commissions”; second, that “the plaintiffs did not find the purchaser or render defendant any assistance in making the sale, and there was therefore no consideration for any implied or express promise to pay a commission. ’…