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This is an action to recover a real estate broker’s fee. After plaintiff rested his case the trial court granted a nonsuit. Plaintiff appeals from the judgment entered for defendants.

When considering a motion for nonsuit it is the duty of the trial court to give to plaintiff’s evidence its full legal weight, to disregard all evidence conflicting therewith, and to give plaintiff the advantage of every legitimate inference that may be drawn from the evidence. After having done so, if there is any evidence of sufficiently substantial character to support a verdict in plaintiff’s favor the motion for non-suit must be denied. Thus, when an appeal is from a nonsuit, the appellate court must view the evidence in the light most favorable to the appellant. (Raber v. Tumin, 36 Cal.2d 654, 656 [1] [2] [ 226 P.2d 574 ].)

The rule is the same whether the trial is before the court with a jury, or before the court alone. (Lasry v. Lederman, 147 Cal.App.2d 480, 488 [10] [ 305 P.2d 663 ].)

Viewing the evidence in this light, it appears that on November 22, 1954, defendant Henderson signed a broker’s real estate listing with plaintiff’s employer assignor for the sale of 74 acres of land near…