Fairchild

This is an action by Fairchild, Lawton, and Mathison, as brokers, to recover ten thousand dollars commissions for services performed in finding a tenant for a certain tract of land belonging to defendant King. Plaintiffs were nonsuited by the trial court, and the evidence upon which they relied at the trial for a recovery is stated by their counsel in a most favorable light for them as follows: “Defendant King owned the ranch referred to in the pleadings and evidence. He authorized defendant Jackson to secure a tenant for said ranch. Defendant Jackson communicated with and authorized plaintiff Fairchild to secure a tenant for said ranch, and told him of defendant King’s willingness to pay a liberal commission. Plaintiff Fairchild employed plaintiffs Lawton and Mathison to assist in securing a lessee, and said Lawton, Mathison, and Fairchild did negotiate with one A. L. Reed. Said Reed was introduced to defendant King by said Lawton, and defendant King entered into a lease of said ranch with said Reed.” The evidence further disclosed that King had promised Jackson certain compensation if he produced a tenant. Upon this statement of facts the judgment of nonsuit was properly granted…