Eddy

Plaintiff brought this action for commissions as real estate agent, for his services in selling three tracts of land owned by defendant.

He recovered judgment for his commissions, and from this judgment defendant has appealed. It is alleged in the complaint that on September 10, 1926, three separate contracts were entered into between appellant, by and through its secretary, and the Westfall Land Company for the sale of three separate tracts owned by appellant. That each of these contracts stated that certain lands therein described had been sold to a purchaser for a sum therein named, and that for its services in selling same the Westfall Land Company was to be paid a commission of five per cent of the amount of the sales, and each "of said contracts further provided that the payment of said commissions to the Westfall Land Company should be made in the following manner:

By the terms of the contracts entered into with the said purchasers, the purchasers agreed to procure loans as soon as the improvement terms of the said purchasers’ contracts were complied with, and the moneys received from said loans were to be paid to appellant, and when so received by it then payment of the…