Zirbes

Action to recover upon a promissory note executed by defendants.

Judgment went for plaintiffs, from which, and an order denying their motion for a new trial, defendants appeal.

. Plaintiffs, as real estate brokers and acting as the agents of both parties, negotiated an exchange of property valued at one hundred thousand dollars owned by defendants for property of like value owned by J. C. Wilson. The note involved, for the sum of two thousand five hundred dollars, was given by defendants for commissions claimed to be due from defendants to plaintiffs for the services so rendered.

In their answer the defendants admitted the making of the note but alleged its execution was procured by fraud and deceit of plaintiffs, in that before and at the time of the making of the exchange it was agreed that defendants should pay as commission a sum equal to that paid by said Wilson as his share thereof, which amount was by plaintiffs represented to defendants as being two thousand five hundred dollars, whereas, in truth and in fact, the amount of the commission exacted from Wilson, and which he agreed to pay plaintiffs, was the sum of one thousand dollars; that defend ants believing said…