Cline

This is an action for the recovery of commission for the sale of real estate, and is founded upon the following instrument:

The evidence is undisputed that plaintiff produced a purchaser ready, able, and willing to buy defendant’s property on September 2, 1922, after the expiration of thirty days from the date of the foregoing instrument, though the sale was not actually made to the purchaser for the reason that defendant’s wife refused to sign the deed. Subsequently the defendant sold the property to another purchaser without the 'consent of the plaintiff. The trial court gave judgment for plaintiff and defendant appeals therefrom.

But a single question is presented on this appeal, namely, whether the instrument sued upon was a thirty-day listing or was in fact a seven-months’ listing. In other words, does the instrument mean that plaintiff shall have a commission from defendant providing he produces a purchaser ready, able, and willing to buy at any time within six months after the exclusive agency had expired, or does the instrument limit the payment of commission to plaintiff by defendant only to a case where defendant sells to a purchaser introduced by plaintiff within the…