Carnahan

Appeal from judgment. The action was brought to recover $300 upon a provision of a contract entered into between defendant and one Crawford, whereby the latter agreed to sell and the former agreed' to buy the' tract of land therein described for a stipulated sum to be paid at the times and in the manner therein provided, which provision was as follows: “And the buyer (Carnahan, the defendant) agrees to pay Stanton & Welch $300. commission. Seller (Crawford) agrees to pay Stanton & Welch $100 commission when deal is complete.” Defendant in his answer admitted the execution of the contract and admitted that it contained the provision for the payment of the commission, punctuated as hereinabove set forth, but alleged that said sum was not to be due and payable thereunder until the deal was completed, and further alleged that the deal had not been completed.

At the trial plaintiffs offered evidence tending to show that plaintiff Stanton had prepared and drawn the contract; that it was executed in his presence on September 21, 1907; and introduced the same in evidence, with proof that no part of the $300 had been paid. Thereupon, defendant moved for a nonsuit upon the ground of the…