Euless v. Westphal

Plaintiff sued F. D. Vanderlip to recover a commission for the sale of real property situated in Fresno County and owned by said Vanderlip. Judgment went for defendant, from which plaintiff appeals on the judgment-roll alone. Since the appeal was taken the defendant died and E. M. Westphal, as executrix of his estate, has been duly' substituted in his stead.

The action was tried on plaintiff’s amended complaint and the answer thereto. The amended complaint was framed in two causes of action. The first was in the form of a common count and alleged that within one year last past the defendant…