White

This was an action for broker’s commission on sale of real estate. The case was tried upon a stipulated statement of facts, and no other evidence was introduced. Judgment was rendered for plaintiff, from which judgment the defendant appeals. Further facts are stated in the opinion.

Appellant first contends that Evans, the agent (plaintiff’s assignor), did not produce a purchaser ready and willing to purchase the property described in the agency contract, nor upon the terms therein set forth, because no location is given for the property nor is the city and county mentioned in the agency contract. The agency contract describes the property as being “situate in the county of L. A., State of Calif., to wit—North half of lots 60, 70, 71, 72, 73 La Tresa Riverside B’lvd.”

Assuming that a deficiency or variance from the description and terms in the escrow may have existed in the agency contract as claimed by appellant, nevertheless the agreed statement of facts upon which the case was tried and decided contains this stipulation: “That both defendant and plaintiff’s assignor intended, in said agent’s contract to describe the same property described on page 1 of this stipulation,” which…