Darrow

Appellant brought this action against respondent to recover a real estate commission in the sum of $6,550, which he claimed he had earned. The ease was tried before the court without a jury and judgment was rendered in favor of respondent.

The record shows that at the close of appellant’s case the trial court, upon motion of counsel for respondent, struck out a large portion of the evidence offered by appellant. For the purpose of clarity in the statement of facts we will assume, but not hold, that this order was erroneous and will incorporate herein some of the facts learned through a perusal of the stricken evidence.

Appellant was, at all times material to this action, a real estate broker duly licensed as such under the laws of the state of California. On March 12, 1928, he brought respondent and B. P. Biggs and Grace E. Biggs together and secured their signatures upon a contract to exchange real estate situated in the state of Missouri and belonging to respondent, for property in the city of Redlands belonging to Mr. and Mrs. Biggs. On that day appellant and respondent signed an agreement in words and figures as follows:

On March 17, 1928, appellant again brought respondent…