Faith

This appeal is from a judgment in favor of the defendant in an action brought by plaintiff for the recovery of the sum of one thousand five hundred dollars, claimed as commissions for the sale of real property.

The contract was entered into by plaintiff’s assignor and defendant, and that portion necessary for a discussion of the ease reads as follows:

The complaint recites that the company had expended money in advertising and showing the property to prospective purchasers, and that it had used all means to effect a sale thereof; that the plaintiff and his assignor had fulfilled their part of the contract so far as it was possible, but that defendant had breached the agreement by making a sale of the premises himself without first canceling the plaintiff’s rights thereunder, and that defendant had refused to pay the commission agreed upon. The case, therefore, presents the single question of the proper construction to be given to the contract.

The trial court found that neither the plaintiff nor his assignor, the Action Realty Company, had performed the stipulations in the contract which entitled them to the commission upon the sale of the property.

As ground for reversal it…