Carlin

This action is brought to recover $1,000 as commission on the sale of certain land. The findings and judgment were in favor of the plaintiff in the sum claimed, and the defendant appeals from said judgment, and from an order denying him a new trial.

The complaint was based upon a written contract quoted as follows:

The findings of the court are to the effect that the plaintiff found a purchaser for the land in the firm of Clark & Bryan, who offered within the time limited in the contract to purchase the land on the terms named, and received from that firm their check in favor of defendant for $1,000 as evidence of their good faith in agreeing to buy the property; but the defendant refused to accept the check and refused to carry out the written contract.

The main contention of appellant is that the contract recited in the complaint was modified and changed by subsequent oral agreement so that defendant was to reserve the growing crops and somewhere from ten to twenty-five acres of land out of the three hundred and nine acres, together with the house and other improvements thereon. The findings were against defendant on this point, as they were upon all others. And the…