Saunders

This is an appeal from a judgment and an order denying a new trial.

The action was one brought by a broker to recover from another broker commissions earned in a sale of real estate. The court finds that one Edwards, under written authority, was constituted the agent of the owner for the sale of a certain tract of 'land, and in such authorization it was agreed that he was to receive the sum of $2,400 as commission in the event of a sale; that thereafter Edwards verbally agreed with defendant that if he would effect a sale of the property he would divide the commissions with him; that thereafter defendant agreed with plaintiff that if he would procure a purchaser for. any or all of the property he would pay to the plaintiff a commission in the event of a sale; that thereupon plaintiff procured parties to purchase a two-thirds interest in the premises, and defendant himself purchased a one-third interest therein and the property was conveyed to the purchasers by the owner; that the defendant in such purchase received the benefit of $1,200, one-half of the commission so agreed to be paid to him by Edwards; that defendant refused to pay to plaintiff any portion of the commission so…