Watson

Plaintiff sued to recover the sum of $612.50 on a written contract executed by the defendant whereby the plaintiff and his assignor were employed as real estate brokers to exchange a piece of real property owned by the defendant for certain real property owned by one D. Sirkegian. By the terms of the contract the commission was agreed to he paid upon the acceptance of the terms and conditions of the exchange by the said Sirkegian. The contract contained a waiver of the defendant’s right to attack the contract upon the ground of misrepresentation in its execution, which read as follows: “It is further understood and agreed that we have investigated and examined the property last above herein described, know the value thereof and hereby release said J. O. Kerrick and B. J. Watson from all responsibility and liability for representations or statements as to the same.” The plaintiff sued in the usual form for the recovery of the amount stipulated to be paid in the contract. As a special defense the answer alleged that defendant’s signature to the contract was secured by false and fraudulent representations on the part of plaintiff, consisting in (1) a representation that the land was…