Gray

The controversy between the parties arose out of the following contract, executed on the day it bears date:

“Sacramento, Cal. Aug. 27, 1917.

“It is hereby agreed this day by and between Harry J. Gray, owner of two quarter sections of land near Lincoln, California and P. L. Yarbrough, agent, that in consideration of the sum of $300.00 cash in hand paid by said Yarbrough to said Gray, the receipt "whereof is hereby acknowledged, that said Gray will have assigned and deliver to said Yarbrough one certain promissory note given by said Yarbrough to Harry T. Fuller.

“And furthermore it is agreed by and between the parties hereto that said agent shall undertake the sale of the Westerly quarter section of said land at a net price to owner of $3,200, and of the Easterly quarter section of land referred to at a net price to owner of $5,000, and shall so continue his efforts to sell either or both of said quarter sections until same has been disposed of to the satisfaction of both parties hereto and that on the sale of either or both quarter sections said agent shall be entitled to retain all over and above the said net prices herein named as his fee for negotiating said sale.

“It is…