Dreyfus

This action was instituted to recover compensation for services alleged to have been rendered by plaintiff for defendant in the sale of certain real estate.

Plaintiff bases his right to recover upon three grounds, each of which as a cause of action is separately stated in the complaint. The first cause of action is based upon an exclusive agency given plaintiff, whereby defendant in writing authorized him to procure a purchaser for certain real estate owned by her, it being alleged therein that plaintiff did procure two persons, to wit: Ellen G. Bothin and A. L. White, each of whom was ready, able, and willing to purchase the property at the price for which it was sold; that while the agreement was in force defendant employed another agent through whom she sold the property to -said Bothin, all to plaintiff’s damage in the reasonable value of the services rendered by him. It is alleged in the second cause of action that plaintiff, at the special instance and request of defendant, rendered services to defendant in procuring for defendant a purchaser for the real estate at the price of thirty-five thousand dollars, to whom and for said price defendant sold said property, in…