Naylor

An opinion in this cause, affirming the judgment and order of the court below, was filed by this court on December 16, 1910. A petition for a rehearing was granted by this court on the grounds: 1. That the case had not, before the filing of said opinion, been submitted on the merits, the only question then under submission having arisen on a motion to dismiss the appeal for reasons which will later appear; 2. That the writer of the opinion fell into error as to certain testimony.

Upon a reconsideration of the case we have found no reason for receding from our former conclusion that the evidence is sufficient to support the findings that a contract was entered into between Adams and Stanley, by which the latter was employed to secure a purchaser of the former’s land; that Stanley was to receive for that service certain compensation, of which more will appear hereafter in this opinion; that Stanley did secure such purchaser, and that Adams finally disposed of the land to the purchaser so secured.

We here adopt a part of the former opinion:

In the year 1909 said Herbert Stanley entered into negotiations with defendant for the purpose of securing authority as agent, to sell the…