Noyes

Judgment in this action was rendered in favor of defendant, and plaintiff appeals. Plaintiff sued as assignee of Estelle Nelson Avery for the specific performance of a contract between Estelle Nelson Avery and defendant, dated July 30, 1913, providing as follows: “Whereas, said Vernalis Farming Company has agreed with W. C. Walker that upon the sale by said Walker, or through his efforts, of a certain tract of farming land belonging to said Vernalis Farming Company to F. M. Cale and Theodore Schieve, the said Vernalis Farming Company will pay said Walker a commission of 2½ per centum upon the purchase price of said land, which 2½ per centum amounts to fifty-four hundred and sixty (5460) dollars, and a like commission of 2½ per centum, amounting to fifty-four hundred and sixty (5460) dollars, to Estelle Nelson Avery, it is hereby agreed that in the event that such sale shall be concluded, the said Vernalis Farming Company will pay said commission to said Estelle Nelson Avery as follows.” The balance of the agreement is in the exact language of the correspond ing portion, of the agreement between Walker and defendant quoted in the decision filed this day in an action by Walker’s…