Cannon

Plaintiff appeals from a judgment rendered for defendant in a suit brought for the recovery of a real estate commission.

Plaintiff and defendant entered into a written agreement on February 6, 1923, which recited that the plaintiff had made a sale to Frank G. Miller of a property known as the Cannon ranch, for a consideration of $32,500, and for the first payment on which Miller deeded his $6,000 equity in a five-acre lemon orchard at Lemon Grove, leaving a balance due on the Cannon ranch of $26,500, which Miller agreed to pay, with six per cent interest payable semiannually, in payments of $2,000 each year for ten years, when the unpaid portion of the entire amount was to be paid. The agreement contained the following language: “It is agreed that R. L. Cannon is to receive an accrued balance of commission of one thousand and seventy-seven dollars and 50/100 ($1,077.50), which is to be paid to the said R. L. Cannon when the said Prank G. Miller makes his first payment of $2,000, together with accrued interest on the $26,500. It is also agreed that in case R. L. Cannon should sell the above described lemon orchard at Lemon Grove for a consideration of $8,500, or other price…