Gould

This action was commenced by R. C. Mitchell to enforce the payment of five promissory notes executed by the defendant to plaintiff on March 3, 1921, each being in the sum of $500. After the trial of the action R. C. Mitchell died and Harry E. Mitchell was appointed executor of his estate and substituted as plaintiff herein. The notes were given as evidence of an indebtedness growing out of a transaction in which it is alleged that R. C. Mitchell earned a commission as broker in procuring a subtenant for defendant for a portion of the ground floor of the Brack Shops building in the city of Los Angeles, the defendant holding a lease upon said premises consisting of an unexpired term of fourteen years and five months. The written authorization under which the broker rendered services to defendant is in the following words: “For and in consideration of your services, I hereby appoint you my exclusive agent for a period of thirty days from the date hereof, to procure a tenant for the premises known as the California Store, ground floor Brack Shops building, approximately 35x108 feet, with basement and mezzanine, on the following terms and conditions: Lease to cover a period of seven…