Curns

Defendant appeals from a judgment rendered in favor of the plaintiff for the sum of $325 alleged to have been earned as commission for procuring a purchaser ready, willing and able to buy certain real property belonging to defendant, listed with plaintiff -as broker, under a written contract dated September 9, 1921.

The complaint alleges that between the first day of September, 1921, and the twenty-ninth day of September, 1921, by a written agreement plaintiff was employed by defendant to procure a purchaser for said property, and that for such services defendant 'agreed to pay plaintiff the sum of $3-25. Defendant denied that he agreed to pay the plaintiff the sum of $325 “or any other sum over and above the sum of one hundred dollars ($100.00').”

The writing in controversy was introduced in evidence, and that portion having to do with the dispute herein is in the following language:

Evidence was introduced in behalf of the plaintiff tending to show that defendant signed this instrument, and that on September 21, 1921, plaintiff tendered to defendant a buyer ready, willing and able to purchase the property upon the terms specified therein, but that the defendant refused ■to…