Jones

This is an action in which the plaintiff, the assignee of Mrs. N. E. McCann, alleges that on or about the 2d of March, 1926, the defendant entered into a contract with said Mrs. McCann by the terms of which he agreed to give to her the exclusive agency for selling certain property and to pay her the regular commission allowed to relators on sales and, in addition thereto, to pay two and a half per cent as consideration for certain services thereto fore performed by Mrs. McCann in procuring the sale of said property to the defendant from the former owners thereof. This service it was alleged was performed by Mrs. McCann in securing the property from the former owners at the lowest net market price, which she alleges she succeeded in doing, waiving her commission on said sale. The complaint further alleges that on or about the said second day of March, 1926, Mrs. McCann became the exclusive agent of defendant for the sale of said property, and pursuant thereto proceeded in due course at divers times to secure a purchaser or purchasers for said ranch property for the defendant at an advanced price over the purchase price, and that during that time she proceeded, as said exclusive…