Falkenberg

Defendant appeals from a judgment rendered against him and in favor of plaintiff for six hundred dollars as a real estate broker’s commission on the ground that the evidence is insufficient to support the judgment.

The contract between plaintiff and defendant gave plaintiff the exclusive right of sale for a period of thirty days from date (March 17, 1920), and thereafter until ten days’ written notice of cancellation; fifteen thousand dollars was the selling price named therein, and it provided for payment to plaintiff for services rendered in securing a buyer of five per cent commission on the above-mentioned sale price “or any less price that may hereafter be agreed upon.” April 28, 1920, defendant notified plaintiff that the contract was canceled. But the court found that the “plaintiff had prior to the giving of said notice secured said F.' V. Ferrari as a purchaser of said real property”; also, “that plaintiff was instrumental in obtaining said F. V. Ferrari as a purchaser of the real property referred to in said count, and that said purchaser was secured by the plaintiff pursuant to and within the time limited by the contract, referred to. ’ ’ Defendant personally sold the…