Basler

The action was for the recovery of a broker’s commission for the sale of certain real property, and plaintiff had the judgment from which the appeal has been taken.

Plaintiff, being a real estate firm, entered into a written agreement with defendant on December 13, 1911, whereby the former secured an option for the purchase of certain real property, and the next day this was supplemented by another agreement signed by defendant, providing that “in consideration of the services to be rendered and the expense to be incurred by the Wood & Tatum Oo., in promoting the sale of the real property hereinafter described, I hereby employ said Wood & Tatum Co. to sell and to have the exclusive right to sell for me all that certain real property,” etc. The property and the terms of sale were therein described and in the last clause it provided: “and I agree to allow said Wood & Tatum Co. a commission of five thousand dollars out of the purchase price of said property.”

By virtue of these agreements, W. G. Wood, president and manager of plaintiff, endeavored to form a syndicate to purchase the property, and he took three well-known citizens to the property and introduced them to defendant as…