Coulter

This is an action by a duly licensed real estate broker for a commission of five per cent upon the purchase price named in a certain real estate transaction. Defendant had judgment against plaintiff, from which she has taken this appeal.

The only serious question in the case and the only one which need be discussed is the contention of appellant that certain material findings are, as a matter of law, contrary to the evidence. The substance of the findings in question is as follows: First, that no written evidence of the employment of plaintiff by defendant is shown and the statute of frauds is therefore not satisfied and, second, that appellant failed to produce a purchaser ready, able, and willing who offered to buy defendant’s property upon the terms imposed by her. Our investigation of the record convinces us that appellant is correct in her contention and that said questioned findings are entirely without support in the evidence, this appearing as a matter of law.

The facts are substantially as follows: Defendant, a widow, owned a lemon orchard of twenty acres near Santa Monica in Los Angeles County, which she was willing to sell, with certain reservations and upon certain…