Carl

It appears that one Fred W. Carl, as a real estate agent sold for defendant certain premises at a price of $18,000; that the terms of sale were |2,000 cash and other property, the assumption by the purchaser of a mortgage on the property amounting to $6,000 and a note and trust deed back to the seller for the sum of $10,000, of which amount $1,000 was made payable on the first day of January, 1922. The commission to be paid by defendant to said Carl for making the sale was the sum of $900, of which amount $170 was paid in cash and the agreement for the payment of the balance was represented by the following memorandum signed by the defendant:

The evidence disclosed the further facts that before the first day of January, 1922, the purchaser became insolvent; that the $1,000 mentioned in the foregoing agreement was not paid on January 1, 1922, but that two days later defendant entered into an agreement with the purchaser of the property to accept from him in the name of a daughter of defendant a quitclaim deed to the property, and that some time thereafter defendant filed a full satisfaction and release of said trust deed. Because of the fact that the purchaser of the property…