Howsley

In this action plaintiff seeks to recover upon a demand assigned to him, alleged to be due upon a contract to pay commissions for services rendered in procuring a loan. The defendant answered denying that it made such contract and denied that the services were rendered. The court made its findings in favor of the plaintiff. Defendant appeals from the judgment, and the question first presented is whether there is evidence to justify these findings.

The defendant is a California corporation doing business at Corona in Riverside County. In September, 1913, defendant was endeavoring to borrow the sum of twenty-five thousand dollars or more on mortgage security for purposes connected with its business. Some difficulty was experienced in obtaining a loan of that amount and its secretary, Charles T. Hildreth, who was actively representing the defendant in negotiating this loan, came to Los Angeles with a note of introduction to Newman Essick, plaintiff’s assignor in this action. Mr. Essick was vice president of the Traders Bank of Los Angeles. After informing Mr. Hildreth that the Traders Bank would not consider the desired loan, Mr. Essick stated in substance that probably the money…