Bail
Bail v. Glantz
Opinion
Lead Opinion
Knight, J.
Plaintiff brought this action to recover the sum of $1,000 claimed to be due as real estate commissions and was given judgment for $500. Defendant has ap-° pealed upon the grounds that plaintiff was not entitled to a judgment for any amount and that the trial court erred in excluding a portion of defendant’s evidence. Plaintiff, being dissatisfied with the amount of the judgment, has also appealed.
The written contract of agency between the parties, dated October 18, 1923, conferred upon plaintiff as agent, for a period of fifteen days following the execution of the contract, the exclusive right to sell defendant’s property, situate on the Trestle Glen road, Oaldand, for the sum of $11,500, upon the following terms, to wit: “All cash, or Fifty-five Hundred Dollars ($5500) cash; balance seven per cent ...” Said contract further provided that “When the Agents have produced a purchaser on the terms above set forth, or other terms acceptable to me, or if I deal either before or after the expiration of this contract with any person, to whose attention said property was brought through the efforts or services of the Agents rendered hereunder during the life of this agreement, I will…