Lundeen

Appeal from a judgment entered in favor of plaintiff and from an order denying defendant’s motion for a new trial.

On the seventeenth day of May, .1911, one George Nowlin and K. B. Norswing entered into an agreement for the exchange of certain real properties which they severally owned. Plaintiff herein was a real estate broker who, through his agents, performed servicies in connection with the exchanges of properties, and.when the parties above mentioned reduced the terms upon which the exchange was to be made to writing there was incorporated in it the following condition: “It is further understood, as part and parcel hereof, that K. Lundeen is agent for both the parties of the first part and second part, and for his services herein the party of the first part agrees to pay said K. Lundeen the sum of thirteen hundred seventy-five & no/100 dollars ($1375), and the party of the second part likewise agrees to pay said K. Lundeen one thousand and two hundred fifty & no/100 dollars ($1250). Both of said sums from the first party and second party are due the said K. Lundeen upon the signing of this contract by both parties hereto, and the said K. Lundeen is to perform no further…