Rahlves

Upon a trial by the court sitting without a jury plaintiff had judgment against defendant for the sum of $300 in an action to recover a real estate broker’s commission. Defendant appeals from the judgment.

The parties entered into an agreement in writing whereby defendant gave to plaintiff the exclusive right for a period of six months to sell a certain piece of real estate for the sum of $9,500 and agreed to pay to plaintiff a commission of five per cent of the selling price. Plaintiff procured a purchaser to whom defendant ultimately agreed to sell the property for $8,800, and a sale was consummated at that figure through the efforts of plaintiff. During the negotiations plaintiff told defendant that in the event he accepted the purchaser’s offer of $8,800 she would deduct $100 from her commission. Plaintiff sought to recover $340, being five per cent of the selling price less the $100 referred to above. A written waiver of findings was filed and judgment was entered in favor of plaintiff for the sum of $300.

Appellant contends that no commission was earned as the sale was not made at the price specified in the written agreement. In our opinion this contention is without merit…