Hill

Plaintiff brought the action to recover commission as broker for the sale of defendant’s land. The cause was tried by the court without a jury and plaintiff had judgment,, from which defendant appeals on bill of exceptions.

The court found that plaintiff and defendant on September 22, 1900, entered into a contract by which plaintiff was “authorized to and agreed to act as broker to bargain for and procure a purchaser for 47 acres of land with the improvements thereon, at that time owned by said defendant, ’ ’ known as the Abbey ranch; that it was further agreed “that if said ranch was sold to a purchaser, procured by said Hill [plaintiff] or through his agency that said defendant would pay to said plaintiff 5 per cent on $10,000 or any less amount that said defendant might accept for said ranch”; that “at the time said contract was entered into a memorandum thereof, in writing, was made and executed and subscribed by said defendant, the party to be charged thereby, and delivered to the plaintiff by him ... as follows, to wit: ‘I hereby authorize R. Hill of Windsor, Cal., as broker, to bargain for the sale of 47 acres (known as the Abbey ranch) with the improvements thereon—valued…