Maracos

Plaintiff brokers sue for damages for breach of an agreement to pay them certain compensation for services rendered to defendant in the exchange of real properties. From a judgment for $4,550 they appeal, claiming that they are entitled to $7,000.

Amended escrow instructions, pursuant to which the deal was consummated, contain the following agreement which was signed by defendant Hamilton on August 21, 1957 : “John D. Hamilton hereby agrees to pay a commission to Bernice Hall and Anne Maragos agreeable to them in the form of Trust Deeds not to exceed $7,000.00.” On the basis of the writing and supplementing oral evidence the court found: “[DJefendant agreed to assign to plaintiffs as payment in full of all compensation due them from defendant for their services as brokers in said transaction, existing indebtednesses in the amount of not to exceed $7,000.00 secured by second deeds of trust, which indebtednesses and deeds of trust would be agreeable to plaintiffs as to terms and quality.” The defendant tendered to plaintiffs several second trust deeds which they found unsatisfactory and declined to accept. The court further found: “By reason of such inadequacies, the plaintiffs…