Glenn

The plaintiff appeals'from the judgment. The complaint states a cause of action upon a promissory note for $1,350, executed by the defendant to J. C. Glenn and by him indorsed to the plaintiff, J. H. Glenn. The facts necessary to the decision of the case are stated in the findings.

J. C. Glenn, a real estate broker, as agent of the San Diego Construction Company and also as the agent of the defend ant, Eice, negotiated an exchange between them of a note of the construction company for a parcel of land owned by Eice. He acted, not as a middleman merely, but as the agent of each party. The exchange was duly carried out. Before its consummation, the construction company agreed to pay Glenn one thousand five hundred dollars for his services as its agent, and Eice orally agreed to pay a like sum for Glenn’s services as his agent. The construction company paid the sum it had agreed to pay, as aforesaid. Glenn owed Eice the sum of $150, which was deducted from the compensation agreed on. For the remainder Eice executed to said Glenn the note sued on.

The construction company did not know that said Glenn was acting as agent for Eice, or that he was to receive from him any remuneration.…