Carrington

The suit was for a broker’s commission for services in effecting an exchange of real property in Sonoma County belonging to defendants for four houses and lots in Berkeley and Oakland. That the exchange was made in accordance with the expressed desire and intention of defendants, that the efforts of plaintiff were the procuring cause of the exchange within the contemplation of the well-settled rules relating to such matters, that plaintiff was employed for the purpose mentioned and that defendants promised to pay him the amount claimed cannot be gainsaid, in view of the evidence disclosed by the record.

As to the services performed we find the following: Plaintiff testified: “On the 29th of September, 1911, Mr. Smithers came in and listed the ranch and after that date I wrote to C. A. Runels and Alfred Wehe & Co., Oakland, that I had the property for exchange and Mr. Runels came up and I took my machine and we went out to the ranch and after we came back Mr. Runels took the purchaser up to the ranch and made the deal, closed the deal that day. I made several trips to Oakland. I made one trip to the ranch. After I had been out to the ranch on or about April the 28th, Mr. and Mrs.…