Mattingly

Plaintiff brought this action to recover the sum of one hundred and twenty-five thousand dollars, commissions for the sale of mining stocks.

The complaint alleges that on the 15th of October, 1882, Thomas H. Blythe executed to the plaintiff two agreements in writing, whereby he contracted, promised, and agreed that if plaintiff would, within four months thereafter, procure a purchaser -for all the capital stock of the Blue Jacket Mining Company, a corporation, who would be willing and ready within that time to pay Blythe three hundred thousand dollars therefor, that he would transfer all said stock to said purchaser, so as to *209 vest the title in him free from all encumbrances; that Blythe further agreed in and by his said contracts that all sums exceeding three hundred thousand dollars for which plaintiff might sell the said stock might be retained by him as commissions for his services and expenses in making the sale and procuring a purchaser; that upon the faith of the agreements, and in consideration thereof, plaintiff proceeded to London and other parts of Europe for the purpose of procuring such purchaser, and that within the time named in the agreements, he procured a…