Hutton

The principal issue on this appeal concerns the sufficiency of the evidence to sustain the findings of the trial court in support of its conclusion that the plaintiff, the appellant herein, executed a release which discharged his claim against the defendants, the respondents herein, for a brokerage commission which he sought to recover by this action.

The defendants, Mr. and Mrs. Hatcher, as owners of a hotel known as the Casa Del Vista, by written agreement, listed their property for sale with the plaintiff, a licensed real estate broker. In response to this listing, the plaintiff introduced the defendant La France to the defendants Hatcher and unsuccessfully attempted to negotiate a sale between them. However, the Hatchers and La France subsequently executed a lease and option to buy. This agreement followed conversations between the plaintiff and Mr. Hatcher wherein the latter had indicated his willingness to lease the hotel. Following these conversations the plaintiff had prepared a lease and option between the Hatchers and La France; had submitted it to both of them; but Mr. Hatcher turned it down because of the provision therein requiring the payment of a commission for the…