Pehl

Plaintiff, a real estate broker, brought this action to recover from defendant $300 for commissions alleged to be due. him for obtaining-a purchaser for certain real estate owned by defendant. Judgment was rendered for defendant, from which, and an order denying his motion for a new trial, plaintiff prosecutes this appeal.

As shown by the record, defendant on February 5, 1907, by a memorandum in writing, authorized plaintiff to sell the property therein described as lot No. 406 of Ontario Colony Lands, for the price of $11,000, payable one-half in cash and the balance in one year, with interest thereon at the rate of seven per cent per annum, payment thereof to he secured by a mortgage on the property sold, which agreement contained the following provision: “If sale is made, I hereby agree to execute and deliver a good and acceptable conveyance of said property, and to pay a commission of 5 per cent on the first $1000 or less, and 2% per cent on all over that amount, out of the first payment.” No time'was specified when plaintiff’s authority to sell should terminate, and the authority given .was at no time revoked by defendant. In his complaint plaintiff alleged that on March 6,…