Hicks

Defendant appeals from the judgment and from an order denying his motion for a new trial.

The action was one by which plaintiff sought to recover, $893.90 as damages for defendant’s failure to carry into effect an alleged agreement for the sale of real property located in Texas. It was the contention of respondent that defendant was bound under the terms of a written contract of employment to pay to him the amount sued for, by reason of Christeson’s failure to carry out an arrangement negotiated by plaintiff for the sale of the property to one McCrory.

The date of the original contract between the parties to this action was December 4, 1907. On that day defendant signed a writing by the terms of which he appointed plaintiff his agent to procure a purchaser and to enter into a contract to sell 1,365 acres of land in the “Edward Beaty League.” in the state of Texas. The agreement was mailed to plaintiff at Victoria, Texas, and was delivered, accepted, and signed by him there. By this writing defendant appointed plaintiff his exclusive agent for twelve months to sell the land at four dollars per acre net to the vendor, and (to quote directly from the instrument), “thereafter until…