Stafford

This is an action to recover a commission for the sale of real property. The basis of plaintiff’s claim is the following letter written to plaintiff by defendant:

In his brief plaintiff says: “The only question in this case is, Did plaintiff ‘find a purchaser within sixty days?’ If so, he is entitled to his commission.”

It is admitted that defendant sold his ranch to one F. E. Stewart for nine thousand dollars before the expiration of sixty days after February 27, 1914, and plaintiff claims that he found this purchaser and introduced him to Stewart and was instrumental in effecting the sale.

Upon the evidence adduced the court, sitting without a jury, made the following findings of fact and conclusions of law:

Accordingly, judgment passed for defendant.

The essential feature of these findings,—namely, that plaintiff did not “produce or find a buyer for defendant’s said land and was not instrumental in selling the same,’’ is challenged by plaintiff as unsupported by the evidence, and raises the 'single question of fact above stated by appellant.

Stewart, the purchaser, testified that he learned of the Rainey Ranch and that its owner would sell it through persons other than…