Hirschberg

Plaintiff obtained judgment against defendants for $1200, and defendants appeal. The complaint contained two common counts, stated separately, the first, for money had and received and the second for money loaned.The answer consisted of denials of the allegations of the complaint; and on the issues of fact- raised thereby the trial court found in plaintiff’s favor and entered judgment accordingly.

It appears that the controversy arose over the advancement by plaintiff to defendants of the sum of $1200 in connection with defendants’ services in procuring a tenant for certain premises plaintiff was about to acquire. Insufficiency of the evidence to support the findings is urged as the main ground of appeal. The record discloses, however, that there is a sharp conflict of testimony on the controlling issues of fact in the case, and after having reviewed all. of the evidence we are satisfied that the trial court’s findings and judgment are supported thereby.

In this regard the evidence shows that in April, 1925, plaintiff was negotiating for the purchase of certain premises on the corner of Post and Fillmore Streets in San Francisco, and in contemplation of such purchase authorized…