Dalziel

This action was tried with a jury, and a verdict returned for plaintiff, upon which judgment was entered. Defendant appeals from the judgment and an order denying his motion for a new trial. No' question is raised as to the sufficiency of the evidence to sustain the verdict, nor is any instruction to the jury challenged. The action was brought to recover commissions on the sale of real estate.

On the nineteenth day of August, 1902, the defendant, by an instrument in writing, employed the plaintiff, as his sole and exclusive agent, to sell certain real estate described in the instrument, being in the city and county of San Francisco, for the sum of $125,000, the plaintiff to be paid in the event of a sale being made by himself, or anyone else, while the contract remained in force, one and one-half per cent commission on the selling price. The instrument provided that it should remain in force for the full period of ten days and “thereafter until withdrawn by me in writing.” About the twenty-eighth day of October, 1902, the parties met, and the defendant signed a memorandum at the bottom of the contract as follows: “The above contract is extended to November 5th, 1902. I except…