Martin

This is an appeal from a judgment in favor of the plaintiff, Wheeler Martin, for $905.45, and from an order denying a motion by defendant for a new trial.

The action was brought to recover the sum of $750 • for commissions due to the plaintiff (who is respondent here), as a broker, in effecting the sale of certain property belonging to appellant.

The authorization under which the former acted is in writing, and in the following language:

*159 This authorization was never revoked by defendant.

Subsequent to the execution of said paper, and on the twenty-second day of August, 1887, plaintiff found a purchaser for said lot of land, who was willing, and able, and offered, to pay to said defendant said sum of $30,000 for said property.

At the date of said agreement the legal title to said property stood in the name of defendant, but one Josephine Cory owned an equitable interest therein to the extent of one-sixth thereof, and was at the date of the agreement willing to sell. Plaintiff had heard that said Cory had an interest in the property, but was ignorant of the nature or extent of her claim.

The testimony showed that Charles Grant was the party -offering to purchase the…