Chatfield

Action for damages arising ont of a contract authorizing plaintiffs’ assignor to sell certain real property. The trial was by the court without a jury and plaintiffs had judgment, from which defendant appeals. There is a bill of exceptions, prepared by plaintiffs, to show that all of paragraph VI and part of paragraph XI of the complaint was stricken out on motion of defendant. But plaintiffs do not appeal, and the part stricken out does not impair the complaint and need be no further noticed.

The appeal is in fact upon the judgment-roll alone. The verified complaint alleges in substance as follows: That plaintiffs, at the times mentioned in the complaint, were partners engaged in the business of selling real estate; that on and prior to January 24,1903, one Pelletier, also known as Pelkey, was the owner of certain real property in Marin county, which was then under mortgage by Pelkey to defendant; that on January 10, 1903, he had given to plaintiffs an exclusive authority, in writing, to sell said property on commission, under which contract plaintiffs had advertised the property for sale and had sought purchasers therefor, and on January 16, 1903, he made another ° similar…