Pettinger

Action to recover the sum of $1,950, alleged to be due plaintiff for the balance of the purchase *462 price of land conveyed by plaintiff to defendant. The court below gave plaintiff judgment for that sum, and also denied defendant’s motion for a new trial, and the defendant appeals from such judgment and order.

The facts as found show that on November 17, 1886, plaintiff executed to appellant a deed of his farm, the appellant agreeing in writing to pay therefor the sum of four thousand 'dollars, and to give one half of all in excess of that sum which “the farm can be sold for within two years,” such additional sum “to be also a part of the, purchase price, when so sold for a larger sum.” It is also found that on September'!, 1887, “ appellant entered into an agreement in writing with one Ed. Culbert, whereby he sold to said Culbert the said parcels of land for the sum of eight thousand dollars.”

The principal question to be determined on this appeal is, whether the finding of the court in relation to the sale of the land is justified by the evidence. It was shown upon the trial that on September 1, 1887, the appellant and one Culbert entered into an agreement in writing by…