Fiske

Plaintiffs are real estate and insurance agents. They claim that the defendant employed them to sell for him certain real estate on certain terms and conditions, which they fulfilled, but that" notwithstanding defendant’s agreement to pay their commissions for making the sale which he authorized, he has refused to pay them; and to recover what is due them, they have brought this suit. They recovered a judgment for the sum of $2,103.50, with interest thereon from the fifth day of May, 1887, and costs, from which, and an order refusing a new trial, this appeal is taken by the defendant.

The contract or agreement under which the plaintiffs undertook to sell the land for the defendant is as follows:—

The contract of sale which plaintiffs made with the purchaser is as follows: —

The defendant refused to convey the property, after a tender of the money specified in this agreement, and also refused to pay the plaintiffs their commissions.

It is contended by the appellant that the plaintiffs were not entitled to recover, because the contract of sale was for $45 per acre with the crops, when the limit of their authority to sell was for that price without the crops, and $47.50 per acre…