Quitzow

Action for $2,700 alleged to he due plaintiff from defendants as commissions for the sale and exchange of certain lands belonging to defendants, and also for $163 incurred by plaintiff as expenses in preparing abstract and obtaining data regarding certain hotel property in the city of Chicago, at defendants’ request. The complaint and answer are verified. A demurrer to the complaint was overruled.

The cause was tried by a jury. Judgment of nonsuit was entered as to defendant E. B. Perrin, and verdict given for plaintiff against the defendant Robert Perrin for the sum* of $357.40, upon which judgment was entered; "with said plaintiff’s costs and disbursements incurred .... retaxed by court at $197.37.” The appeal is from the judgment and from an order denying motion for new trial, and is here on a statement of the case.

The complaint alleges that defendant E. B. Perrin was engaged in the business of buying, selling, and exchanging lands in the county of Fresno; that defendant Robert Perrin was the agent and partner of said E. B. Perrin, and as such agent and for himself executed to plaintiff in writing the following agreement:

That after the delivery of said contract to…