Daum

This is an action for the recovery of a broker’s commission claimed to be due under the terms of a written instrument. Judgment was rendered against the plaintiff, who appeals. The instrument in question was signed by W. PI. Daum, appellant herein, and Weber Showcase & Fixture Company, by Fred Weber, wherein appellant was appointed exclusive representative to sell certain real property, and the Weber Showcase & Fixture Company, a Delaware corporation, agreed to refer all inquiries regarding sale of the property, to Daum, for negotiations, and that if sale, lease or disposition of the property were made and accepted by the corporation during the term or continuance of the agreement, the corporation agreed to pay a specified commission therefor. It was further stipulated that the agreement was to remain in full force until February 1, 1923, and thereafter until canceled by either party giving thirty days’ notice in writing. It is admitted that notice of termination was given by the corporation on February 27, 1923, and became effective thirty days thereafter. Appellant urges as a ground for reversal that the agreement was binding upon the parties, and that the corporation, during…