Bruce

This is an appeal from a judgment of nonsuit entered in the above cause at the conclusion of plaintiffs’ case upon the trial thereof.

The case grows out of an option to purchase certain letters patent which T. Clark Mieir had obtained from appellant's, who were the owners of a two-thirds interest in said letters patent, and which option provided for certain payments, aggregating $9,000, to be made by Mieir to the owners in order to preserve his rights under such option. Mieir also had an option from one Reynolds, who owned the other one-tbird of said letters patent, to purchase said one-third interest for $6,000. These two options were put in separate escrow with the Commercial National Bank of Los Angeles. Subsequently, and on November 13, 1925, Lange and Mieir entered into an agreement which, among other things, recited that Mieir was the owner of an option to purchase said letters patent, and further recited that Lange was the owner of an option to purchase all of the subscribed capital stock of Western Ironite Sash Weight Company. The agreement further recited that Mieir held a contract for the payment to him of a commission of $1500 upon the exercise by Lange of his option…