Hobson

August 6, 1919', the defendants gave D. W. Hobson Company the exclusive right, for two months, and thereafter until ten days’ notice in writing of the cancellation thereof, to sell their stock ranch at Browns Valley, together with certain personal property, at the price of $40 an acre, $10,000 of the purchase price to be paid on delivery of deed. The agreement contained the following: “If the above described property be sold or exchanged during the life of this agreement, or if the agent during the life of this agreement, shall find a purchaser ready, willing and able to buy the said property at the above price, the owner agrees to pay the agent as a commission, five dollars per acre of said price, and in event of the said property being sold or exchanged by the owner, after the termination of this right to sell, to or by any party introduced or whose name in writing has been given the owner, as a prospective purchaser, by the agent, the owner agrees to pay the agent, as a commission, the above'mentioned rate of commission on whatever price is accepted for the said property.”

J. H. Ware called at the office of the company, the date of the call not appearing from the evidence, and…