Michael

Action by the plaintiffs to recover of defendant broker’s commissions upon a written agreement. Findings and judgment for plaintiffs, from which judgment and an order denying a new trial defendant, W. T. Michael, appeals.

The complaint avers that on June 19, 1905, the defendant entered into an agreement "with the plaintiffs whereby said defendant agreed to pay plaintiffs as their commission for making an exchange for certain properties one-half the usual commission, and that it was agreed that the usual commission for making such sales was $650. Judgment was asked for $325. The answer denies that any exchange of properties between defendant and the other party was ever made or effected, or any services rendered by plaintiffs in effecting an exchange of defendant’s property. Admits the execution of a contract to pay commissions, but alleges that it was executed upon the condition that an exchange should be consummated upon certain conditions, and avers that it was not consummated, owing to the inability of the other parties to meet the terms and conditions of the exchange. Upon the trial the court found all of the allegations of the complaint to be true, and that it was not true…