Merzoian

This is an appeal from a judgment in favor of plaintiff in an action brought to recover a commission alleged to be due under a contract for the sale of real estate.

The contract was dated July 12, 1919, and it appoints the plaintiff as the exclusive agent of the defendant for the period of twenty days to sell the property described in the complaint, which consisted of sixty acres of land with improvements and certain personal property, for the sum of $40,000. By its terms the defendant was to “furnish deed and abstract showing clear title” in himself, and in the event of the plaintiff selling the property or being instrumental in bringing about a sale, he was to receive as his compensation five per cent of the purchase price. The terms of payment provided in said authorization were “$5,000 net cash, balance $3,000 out of 1919 crops, including interest, balance $1,500 per year and interest thereafter . . . interest 7 per cent.”

Within the twenty days specified plaintiff procured a purchaser and entered into a contract with him, receiving from the purchaser $1,000 as a deposit and part payment on the purchase price of $40,000, payable $5,000 in cash twenty days after the execution…