MacKroth

The plaintiff’s original complaint in this action was unverified. It stated a cause of action against the defendant for moneys had and received in the sum of two thousand five hundred dollars. Pursuant to the defendant’s demand therefor the plaintiff served and filed her bill of particulars which, as the foundation of her cause of action, declared that “on July 20, 1909, . . . defendant made, executed and delivered to the plaintiff the following: ‘July 20, 1909. In the event of my making a sale I will give one-half the commissions received on any of the Mexican properties I obtain through I. R. Mackroth directly or indirectly, (signed) Charles Sladky. ’ ” The bill of particulars further stated that in accordance with the foregoing memorandum of agreement plaintiff gave to the defendant a letter of introduction to Louis Martinez de Castro, a resident of the state of Sinaloa, Mexico; that some time during the year 1909 the defendant negotiated a sale of certain fishing concessions and business situated in Mexico from said Louis Martinez de Castro to the Pacific Canning & Exploration Co., for which service the defendant received as a commission from de Castro the sum of two thousand…