Brown

Charles E. Brown, real estate broker, appeals a judgment entered pursuant to jury verdict, awarding him commissions in the amount of $563; appellant claims that he is entitled to an additional $21,541.80 in commissions according to Ms prayer.

In May of 1958, subdivider R. A. Watt entered into an escrow for the purchase of 163 acres of property and as part of the purchase price gave to the seller, Artz, Carlson and Ellis, Ms purchase money promissory note for over $300,000 secured by a deed of trust on the property sold. Brown had been instrumental in bringing the property to Watt’s attention and procuring the sale. During the course of negotiations preceding the transaction however, tire seller had refused to pay the broker’s commission, as is customary in such transactions, and Watt had declined to increase the purchase price to cover that obligation. Brown then offered to defer the payment of any commission until such time as Watt resold the property. Although there was no other formal broker’s agreement between them, Watt’s acceptance of this proposal was memorialized by letter dated April 29, 1959.

The escrow closed in May 1959 and Watt thereafter proceeded to subdivide the…