Redding

Plaintiff alleged in his complaint that there became due him from defendant the sum of $1,000 for services rendered at the special instance and request of defendant and that only $600 had been paid. Judgment was rendered in plaintiff’s favor in the sum of $400, in accordance with the prayer of the complaint. Defendant now contends that the evidence was insufficient to support the findings.

The evidence was fragmentary and the witnesses did not clearly explain the transaction. A careful reading of the record discloses that plaintiff testified, in substance, that he was employed as a real estate salesman by defendant, who held a broker’s license; that defendant held an option on a 20-acre tract of land and agreed to give plaintiff a certain commission for negotiating its sale; that plaintiff and one Brown were attempting to make a sale to one LaTow, but encountered difficulties in completing the transaction, and thereupon each agreed with the defendant that defendant should assist in consummating the sale and that they would reduce their commission so that plaintiff, Brown and defendant should each receive $1,000 of the total commission of $3,000; that defendant completed the sale…