Arneson

Plaintiff Verne Arneson, a licensed real estate broker, brought this action to recover a real estate commission in the amount of $7,500 from defendant Marvin Webster.

The complaint alleged a written agreement by defendant to *372 pay plaintiff the commission on the sale of a motel to Albert Hines; that plaintiff had fully performed under the agreement but had not been paid. Defendant, answered, admitting that he had entered into the agreement with Hines, but denying any obligation to pay plaintiff a commission in any amount.

The evidence developed that in June or July 1961, plaintiff employed Kenneth Peterson as a real estate salesman. At the time of his employment, Peterson was new to the real estate business and had just obtained his salesman’s license following a two-month real estate course. Pursuant to the terms of his employment, Peterson was authorized to sign real estate contracts on plaintiff’s behalf and was entitled to receive 50 per cent of the commission on any property sold by him.

In August, Peterson learned that the defendant’s motel was for sale. He called on defendant’s manager and inquired about the property. Shortly thereafter, defendant came to plaintiff’s…