Ullsperger

On July 24, 1918, the defendant executed and delivered to the plaintiff an agreement in the terms following:

Here followed a description of defendant’s property and the signature of defendant.

Plaintiff brought this action to recover a commission claimed to have been earned by performance of the foregoing contract, in that the plaintiff procured and brought about an exchange of properties between the defendant and one John Zenos, wherein and whereby defendant transferred to Zenos the property described in said agreement and in consideration thereof received from Zenos other property of the alleged value of twenty-one thousand six hundred dollars. The court made findings in favor of the plaintiff, except that the value of the property received by defendant from Zenos was fixed at twelve thousand dollars, and the commission allowed to plaintiff was based on that valuation instead of the valuation stated in the complaint.

Defendant contends that the contract, under the circumstances surrounding its execution, was limited to sale only, and did not authorize the broker to make or effect an exchange. It is not necessary to discuss this question, which no doubt is debatable. Assuming…