Lisle

The above action was for the recovery of a commission for the sale of certain property which plaintiff alleged was effected by her as a broker. This allegation was denied and the case was tried by the court without a jury. Judgment was ordered for defendant corporation and, findings having been waived, was entered accordingly.

The plaintiff, who has appealed, contends that the judgment is not supported by the evidence and that the defendant was shown to have been guilty of bad faith in the transaction.

Plaintiff’s-authority was evidenced by certain letters from the defendant corporation agreeing to pay her a commission for the sale of the property which consisted of several parcels of land in the city of Oakland. The authority to sell was exclusive for certain periods limited by the letters, which also specified the prices asked for the several parcels. By the terms of her contract plaintiff’s authority expired on July 5, 1927, and the evidence shows that in August, 1927, a sale of the property was made by the defendants to the city of Oakland. The city was represented in the transaction by its port commission. According to the president of that body, the plaintiff appeared…