Wallace

This is an appeal by the plaintiff from a judgment against him in an action brought to recover the sum of $5,000, commissions alleged to be due from the defendant to the plaintiff for the sale of certain leases of mining property in the state of Oregon.

The argument upon the appeal is that the evidence does not justify the judgment. An examination of the transcript on appeal discloses facts amply justifying the inference drawn by the trial court. The defendant was the owner of certain leases of mining property and on August 5, 1920, wrote to the plaintiff, stating: “In case you sell my option on Old Channel Mines for $30,000, I will pay you $5,000 commission for making sale—provided it is a cash sale—in other words, I want $25,000 cash for the lease and option. ’ ’ On the same date and practically at the same time defendant executed another agreement, which was prop erly construed by the trial court as inseparable from the first one quoted, which second agreement reads as follows: “This is to certify that I have an option and lease on what is known as the Old Channel Mines in Josephine County, Oregon—Lease to expire May 26th, 1924. Purchase price of property under my option…