Down

This is an appeal from a judgment in favor of plaintiff in an action .brought for a commission earned by him on a sale of real property for the defendants.

The facts appear to he that the property which was the subject of the sale was listed for sale with plaintiff' by the defendants at a price of $8,400, payable $2,500 cash, with the balance to be paid at the rate of $75 per month, including interest—the buyer to assume a mortgage of $1,000 on the property; that thereafter plaintiff produced a person who was ready, able, and willing to purchase the property in question and who thereupon paid to defendants the sum of $25 for which defendants issued to the purchaser a receipt in the following form, to wit:

Thereafter, and on the same day on which the said receipt was delivered to the purchaser, the defendants stated to the intending purchaser and the plaintiff that they “had changed their minds,” and that they did not wish to, and would not, sell the property, and thereupon returned to the intending purchaser the $25 which theretofore had been paid as a deposit in connection with the transaction. However, on the same “night, late,” the defendants “changed their minds again” and…