Vedovi

The plaintiff, as a realtor, sued to recover commissions alleged to be due under a listing agreement. The court made findings against the plaintiff and from a judgment entered thereon he has appealed.

The plaintiff pleaded in haec verba a written contract which contained a covenant that “in case a sale is made within ninety (90) days after the termination of this agreement at the above mentioned price or for any different price or terms or conditions other than those herein specified to a party or parties with whom said agent negotiated during its life, I agree to pay the said agent the commission hereinabove provided.” He also pleaded that during the life of his contract he negotiated with Damito Del Bueno, who later bought the property within the 90-day ■ period. The trial court made findings against the plaintiff. There was evidence to sustain those findings. The plaintiff introduced evidence that he and his agents negotiated with Del Bueno and with his sister and her son, who were, he claimed, the agents of Del Bueno. But Del Beuno testified that the plaintiff and his agents never negotiated with him and that he had never appointed his sister and her son as his agents. The…