Tremper

— Appeal from a judgment awarding liquidated damages arising upon a real estate broker’s contract for compensation on account of an exchange of real property. Judgment went for plaintiff in the sum of $2,200— $1,000 of which was assessed as actual and $1,000 as liquidated damages and $200 as attorneys’ fees.

Robert Marsh & Co., Inc., plaintiff and respondent, was a real estate broker doing business in the city of Los Angeles, this state.

Appellants, Theodore P. Tremper and May 0. Tremper, his wife, were the owners of certain described real property situate in the state of Washington. Charles E. Smith was the owner of certain lots situate in said city of Los Angeles.

By and through the efforts of said real estate broker or agent, said Tremper and said Smith executed certain agreements prepared by said broker for the exchange of real properties, which agreements provided for the payment by the Trempers of stated sums to said broker for its services, as will hereafter more particularly appear. The agreements providing for the exchange and the broker’s compensation or commission are somewhat unusual and, it may here be added, uncertain in their provisions. Said instruments having…