Milligan

J.—Plaintiff brought an action against defendant City of Alhambra to recover the sum of $5,050 alleged .to be due as a real estate agent’s commission. The action was tried by the court sitting without a jury upon an agreed stipulation of facts and from a judgment in favor of defendant, plaintiff appeals.

In November, 1926, notice was published stating that the cities of Pasadena, South Pasadena and Alhambra would receive sealed bids for their respective interests in property known as the Tri-City Farm. The city of Pasadena owned an undivided four-sixths interest in the property, while the other two cities each owned an undivided one-sixth interest. The notice provided the method for submitting bids upon the basis of a price per acre, a bid to be submitted to each city covering its undivided interest. The notice stated that the three cities intended to reject bids unless the bidders filed bids with all three cities at the'same price per acre. It further provided: “Bidders must state specifically whether the price per acre is a net price to the three cities or whether a commission is payable out of said net price, and if any commission is payable, the amount of said commission.” In…