Rucker

The plaintiffs were real estate brokers at San Jose, doing business as J. E. Rucker & Son. The defendant, Mary Hall, in writing, appointed the plaintiffs her agents for the sale of certain lands, and which authorization contained the following clauses: “The said J. E. Rucker & Son shall have complete control of all sales to purchasers furnished by them, or through their agency, and I agree, in case I shall sell or dispose of such property to any customer furnished by said J. E. Rucker & Son, to pay them three per cent commission on such sales.

“ Should I find a purchaser independent from said J.E. Rucker & Son, or withdraw the property from sale, *427 I agree to pay the said J. E. Rucker & Son one-half of the above commission as compensation for their services in advertising,” etc.

This contract and appointment was made August 24, 1886, and was “ to run for one year and thereafter until withdrawal of same in writing.”

This action was brought to recover commissions under said instrument. The complaint contained two counts, the first based upon the second clause above quoted, alleging a sale by Mrs. Hall, made January 11,1887, and claiming one-half of three per cent commission,…