Sanchez

This is an action to recover a real estate broker’s commission for services alleged to have been performed in making a sale of certain lands owned by defendant and his sister.

It is alleged that the employment was by a written instrument subscribed by defendant, whereby defendant employed plaintiff’s assignor, T. G. Yorba, to sell certain real estate situated in Orange county, California, known as the Yorba Ranch, and consisting of lots one to six, inclusive, of the Trinidad Yorba Estate, as shown by a certain map of the Rancho Canon de Santa Ana, and whereby defendant also agreed to pay said T. G. Yorba regular commission fees in case of a sale thereof. The complaint alleges: “That said T. G. Yorba, in pursuance of said agreement himself and by his agents and employees did, on or about the 5th day of February, 1906, find and procure a purchaser therefor in one Jacob Stern, and caused said defendant and said Stem to come into communication with one another regarding a sale thereof; that said Stern was ready, able and willing to purchase said land, and did, on or about the 10th day of May, 1906, purchase. lots numbers one (1), two (2), four (4), five (5), and six (6) thereof,…