Barrios v. Foley

BARTLETT, J., pro tem.

Plaintiff seeks a judgment against defendant for $3,450- for services as a merchandise broker alleged to have been rendered in negotiating a sale of 600,000 pounds of dried grapes for the sum of $138,000 at an agreed compensation of 2% per cent of the purchase price. Defendant denied the indebtedness and set up as a special defense that the buyer, one T. Miwa Company, was at the time of the alleged sale financially irresponsible and without means, property, or credit to pay for the goods agreed to be sold.

The court found that about November 15, 1920, defendant employed…