Kleinberger

This is an appeal by plaintiff from a judgment of dismissal entered after a nonsuit had been granted, in an action brought to recover real estate commissions.

The material provisions of the contract out of which the controversy grew are as follows:

Later a supplementary clause was added, reading: “We hereby extend the exclusive sale until April 5, 1922 (Inc.). Mrs. Kleinberger.” The sale price was fixed at $45,000, one-half of which was to be a cash payment, but the terms for the payment of the balance were not specified.

! Appellant’s cause of action as set forth in the complaint was based upon the theory that within the period of the exclusive agency respondent sold the property throtigh another agent and that therefore, under the terms of the contract, appellant, was entitled to a commission on that sale. The complaint alleges in this regard that “up until the 5th day of April, 1922, plaintiff was diligently engaged in the effort to sell the property, and did have responsible prospective buyers negotiating for the purchase of the same when the defendant herself made a sale of said property through an agent, by name James J. Donahue, for a price plaintiff . . . alleges to be…