Hargrove

By an instrument in writing it was agreed between plaintiff, who was a licensed real éstate broker, and defendant, who was the owner of an orange grove, that in the event of sale or exchange of said property by plaintiff, defendant would pay to plaintiff a commission of five per cent “of list price.” The terms of sale were left open. Later, by oral arrangement between the parties, the terms were also definitely agreed upon. By the findings of the trial court it appears that plaintiff produced purchasers who were ready, willing, and able to purchase the orange grove on the terms and at the price for which defendant agreed to sell it. Defendant then refused to make the sale. An action brought by plaintiff against defendant for the stipulated commission resulted in a judgment for plaintiff; from which defendant appeals.

On examination of the record it is clear that each of the findings made by the trial court was amply supported by substantial evidence. It follows that appellant’s specification of error in that regard cannot he sustained.

In the course of plaintiff’s case in chief one of the proposed purchasers of the property testified that at the date of the proposed purchase of…