Haines

This is an action to recover commissions, alleged to have been earned by the plaintiff as a broker in selling a certain piece of real property.

Several points are discussed in the briefs. It is necessary, however, for us to pass upon one of them only.

Some time about the middle of the year 1910 the plaintiff, believing that he had a purchaser for the property in question, which was owned by the defendant, sought and obtained from the latter authority to sell the same. Negotiations for the sale were immediately commenced between the parties to this suit and John Wilson. Plaintiff’s authorization to find a purchaser for the property was oral only until early in November, when, in answer to a letter from him, defendant sent him a telegram stating that he would allow two and one-half per cent commission on consummation of sale to Wilson. A little more than sixty days after the sending and receipt of this telegram the defendant himself effected a sale of said property to Wilson and another.

After trial the court found all the material issues in favor of the defendant and against plaintiff. This appeal is from the judgment.

The contract between the parties does not limit the time of…