Briggs

The action was brought on an assigned claim for a broker’s commission in the sale of real estate. Attached to the complaint is the contract of agency executed by the owner of the property from which we quote as follows: “In consideration of their efforts to sell the within described property, I hereby appoint Lyman & Briggs of Sebastopol, California, to act as agents for the sale of said property for the sum of thirteen thousand dollars, and I agree not to offer the same for a less price before the expiration of this contract without the consent of said agents. I agree that in case of the sale of said property by said Lyman & Briggs, or should the purchaser receive information of said property through said agents, to pay them a five per cent commission on such sale, or exchange. ... I reserve the right to sell said property myself, or to sell said property through the agency of any one else, but I hereby agree that in ease such sale be made by myself, or through any other agency, in consideration of their services to pay said Lyman & Briggs a commission of two per cent on sale price. Number of acres 31]4- Price $13,000.00. . . . Personal property that goes with the place—■ All…