Dewees

Defendants appeal from a judgment rendered against them in the sum of $600 for commissions, with interest and costs. The action arises out of a contract for the sale of real estate between defendants, the owners, and plaintiff, a -corporation engaged in the real estate business, and containing, among others, the following provision: “The said ‘seller’ agrees should a sale or exchange of said above described property upon said or any satisfactory terms be effected during the period of time hereinafter named, by either party to this agreement, or any other party, or after determination of this contract, if sold to a párty to whose attention said property was brought through the agency of the said ‘agent,’ that the said ‘agent’ shall receive out of the first payment made on said property five -per cent of the price for which said property was sold as a commission for promoting said sale.” The contract, dated January 7, 1916, was for sixty days and thereafter until the expiration of ten days’ written notice, and the price named therein was $18,000 cash. After the termination of the contract defendants personally sold the property to one Mull.

The question here presented is the proper…