Kendrick

Plaintiff brings the action to recover commissions on the sale of certain real estate alleged to belong to defendant. It is alleged that at all the times mentioned in the complaint the plaintiff M. B. Jacoby and B. B. Avery were copartners doing business “under the firm name and style of Kendrick, Jacoby & Avery, in the county of Glenn, ’ ’ and were engaged in the business of buying and selling real estate. That on June 7, 1912, the said copartners entered into a certain contract in writing with defendant, a copy of which is appended to the complaint and made part thereof. By the terms of this agreement, this firm was employed as “the sole and exclusive agents to sell” for defendant certain real property described in the agreement, and defendant agreed to convey said property, alleged as consisting of 2,159 acres, “to any purchaser or purchasers obtained by the said Kendrick, Jacoby & Avery, for the sum of forty dollars per acre, or for any less sum hereafter agreed upon” by defendant. The agreement, among others, contained the following provision:

“This employment and authorization shall continue for a period of four months from the date hereof and during said time is…