Atkinson

This action was one originally brought by plaintiff, a licensed real estate broker, against defendant to have a trust declared in his favor in a certain promissory note and deed of trust to the extent of $5,000, said note and deed of trust being in the name of defendant.

Before the case came to trial the note and deed of trust ceased to exist by reason of its payment by the maker before maturity. The fact of payment was set forth in an amended and supplemental complaint and a money judgment was prayed for. Judgment went for plaintiff. An appeal was taken from such judgment, which was reversed by reason of a certain error in the rejection of evidence. (Atkinson v. Boynton, 97 Cal. App. 759 [ 276 Pac. 356 ].) The facts leading up to the controversy may be summarized as follows: Appellant and one Arkelian entered into a written agreement through the agency of plaintiff and respondent to exchange certain real property belonging to them respectively. The property was to be exchanged without lien or encumbrance upon either parcel. Respondent was employed as agent of both parties and specially undertook as a condition precedent to his right to a commission, to negotiate a loan "for…