Brooke

This is an action against defendants, individually and as copartners, to recover a broker’s commission alleged to have been earned by plaintiff under a contract of employment entered into between defendants and each of them with plaintiff. Upon a trial of the case judgment was given in favor of the plaintiff and against the defendant J. H. Glide alone. From this judgment defendant J. H. Glide has appealed.

In each of three counts it is alleged that defendants, J. H. Glide and Thornton S. Glide, were partners doing business under the name of Glide Brothers, and that “defendants and each of them” employed plaintiff to sell the property in question. The third count alleges that the “plaintiff and said defendants and each of said defendants entered into a written contract for the payment of a commission to plaintiff for the sale of” the ranch known as the Wilcox ranch. This contract is set out in full, and is signed “Glide Bros., by J. II. Glide.” It is also alleged that “said J. H. Glide was duly authorized to make said contract on behalf of Glide Bros. ’ ’ The answer of defendants denies that defendants, or each or any of them, employed plaintiff to assist defendants, or any or…