Muncy

Action by a real estate broker to recover commissions for negotiating a sale by exchange of defendant’s real estate.

Defendant appeals from a judgment entered in favor of plaintiff.

It appears that defendant, by written instrument, expressed a desire to make an exchange of certain real estate therein described and owned by him for certain property owned by one L. H. Webb, the terms and conditions of the exchange proposed being set forth in said writing, which further contained the following provisions:

Plaintiff procured Webb’s acceptance and, with some slight modification of the contract made by the parties thereto, the exchange was consummated.

The written instrument construed according to the plain import of its language, clearly shows that defendant author ized plaintiff to negotiate the exchange. The authorization being in writing, the fact that it did not specify the commission to be paid for the service rendered did not subject it to the objection that it was void under the provisions of subdivision 6, section 1624 of the Civil Code.- In the absence of any agreement as to commission, the agent, if authorized in writing to negotiate a sale of real estate, is entitled to…