Merzoian

This is an appeal by the defendants, L. Kludjian, S. Kludjian, and the said L. Kludjian and S. Kludjian, doing business as Kludjian Bros., from a judgment in' favor of the plaintiff, A. Merzoian, in an action brought .to recover commissions which plaintiff alleged he had earned in securing for the defendants a purchaser for certain real estate which they owned and which they had employed him as agent to sell on a commission of five per cent. The record of the appeal is presented under the alternative method.

On January 16, 1917, the defendants authorized the plaintiff in writing to sell a tract of forty acres of land in Fresno County, together with certain personal property consisting of agricultural implements, livestock, and other accessories used on the ranch. The selling price of this property was to be twenty thousand five hundred dollars, payable as follows: “Five thousand dollars cash. Balance one thousand dollars per year and interest.” It is alleged in the complaint that on or about January 27th the plaintiff found a purchaser who agreed in writing to buy upon the owners’ terms and deposited with the plaintiff the' sum of one hundred dollars; that thereafter and prior to…

I dissent, for the reason that I am of the opinion that the evidence sufficiently supports the finding of the trial court that the proposed purchaser was “ready, able, and willing to purchase said property upon the terms and conditions set forth in said instrument. ’ ’

Rehearing denied.

All the Justices concurred.