Baird

This action is brought oh an express contract to recover commissions alleged to be due plaintiff from defendant for the sale of certain real property in Fresno-county. The plaintiff recovered judgment. This appeal is from that judgment and from an order denying defendant’s, motion for a new trial.

At the trial certain letters and an unsigned agreement inclosed in and referred to in one of the letters were admitted in evidence over the objection and exception of defendant. The sufficiency of these letters and of the unsigned agreement to constitute a contract is the subject of this controversy.

The letters and agreement (unsigned) in question are as follows:

The card agreement inclosed and referred to in the above letter reads as follows:

After the receipt of this letter from the defendant plaintiff proceeded to effect a sale of the property, and thus to perform his part of the contract, with the result that by June 21st, and within the life of the contract, he had found a purchaser, and wrote the defendant as follows:

The same day, June 21st, defendant by letter refused to sell the land, saying that he had changed his mind, and that the property was off the market. The…