Atherton

Plaintiff, a duly licensed real estate broker, procured for defendant one.Sophie Lev to purchase certain real property, situated in the city of Los Angeles and owned by defendant, and as a result of plaintiff’s efforts defendant, on the eighteenth day of April, 1921, entered into a contract of sale with the said Sophie Lev, whereby she agreed to sell, and said Sophie Lev agreed to buy, said real property for the sum of $9,000, payable $3,000 cash (including the amount of $50 paid at the time of the execution of said contract) upon the execution of deed; balance by assumption by grantee of mortgage for $.1,300, then on the property, and a trust deed' securing balance of purchase price. This contract was signed by both parties thereto, and appended to it was a further agreement, signed by the defendant, reading as follows: “I further agree to pay P. W. Atherton the sum of $450 as commission for negotiating the sale, to be retained out of the first money received on the purchase price.” Two days thereafter, that is, on April 20, 1921, defendant signed certain escrow instructions and delivered the same to the Title Insurance & Trust Company, in which she stated that she would hand to…