Casey

Action on a contract to recover share of commissions for sale of real estate by one real estate agent from another. Judgment was for plaintiff, and defendant appeals from the judgment and from an order denying his motion for a new trial.

Defendant was the agent of the owner of an eighty-acre tract of land lying near the city of Los Angeles, for the sale of which he was to receive a commission. Plaintiff undertook to procure a purchaser for the land, and as evidence of the compensation agreed to be paid for such services to be rendered by him defendant executed and delivered to plaintiff a writing as follows: “If the 80 acres is sold at $1650., amounting to $132,000., and the terms is complied to and the $44000 paid you are to have $1650.00 commission out of the deal. I. N.. Richards. Jan. 5,1905.” The terms to be complied with in earning the commission required the payment of $10,000 cash and $34,000 within ninety days.

The complaint alleges that plaintiff procured a purchaser for the property according to agreement, and sets out in detail certain negotiations had by him with the officers of the McCarthy Company, the purchaser, which were instrumental in making the sale. The…