Mott

The cause, involving a broker’s commission for securing a purchaser for timber land, was tried before a jury and a general verdict was rendered in favor of defendant. The appeal is from an order denying plaintiff’s motion for a new trial.

The written instrument which, it is claimed, created the agency is in the form of a letter signed by defendant and in the following language:

The complaint, after alleging the employment of plaintiff by virtue of said written agreement, continues: ‘ ‘ That thereupon plaintiff entered upon said service and made every endeavor to procure a buyer for the said land, and his efforts in that behalf were such that on or about October 1, 1903, plaintiff procured one Thomas Friant as a buyer for the said tract of land at the said price and introduced him to the defendant, and informed the defendant that the said Thomas Friant was then and there ready, able and willing to purchase the whole of the said tract of land for the said price, and he, the said Thomas Friant, was then and there able, ready and willing to purchase of the defendant the whole or any part of the said tract of land at the said price of twenty dollars per acre; that the negotiations…