Darter

The action was by a real estate broker against a land owner to recover five thousand dollars commissions for procuring a purchaser for land under a written contract of agency. The answer admitted the execution of said contract, but “denied that in said contract in writing defendant promised and agreed to pay to plaintiff for said services of plaintiff in the event that the plaintiff procured and introduced to defendant a purchaser of said property all money realized in excess of the sum of thirty-five thousand dollars (thirty thousand dollars ?) as defendant might sell said property to a purchaser procured by plaintiff and introduced by plaintiff to defendant, but, on the contrary, defendant alleges that by the terms of said contract in writing, defendant agreed to pay plaintiff one-half of the said sum realized from such sale in excess of the sum of thirty thousand dollars that defendant might sell said property to purchaser procured by plaintiff and introduced by the plaintiff to defendant. ’ ’ Defendant furthermore alleged in the answer “that on the twenty-second day of June, 1915, he terminated and canceled the aforesaid agreement entered into between plaintiff and defendant…