Chilberg

This was an action at law brought by the defendant in error in the court below to recover of the plaintiff in er *253 ror certain moneys received by him as the' agent of the plaintiff below and of his assignor, one Dexter, on the sale of certain mining claims situated in Alaska, and belonging to Lyng and Dexter, respectively. The case shows that Lyng, acting for himself and Dexter, employed the plaintiff in error, Chilberg, who resided at Seattle, Wash., to sell these claims, agreeing to take $2,000 cash on each claim, and a balance of $23,000 for Lyng’s claim, and $28,-000 for Dexter’s claim by September 15, 1900; “the claims to be worked by the buyers the whole season or until Sept. 15th, the owners to get one-half or will take one-third of all gold taken out up to that time”; Chilberg to receive for his services in that behalf a commission of 5 per centum. The latter effected a sale of the two claims to a Mr. Strout, acting for .a Mr. Fleitmann, of New York, and was so prompt in remitting (in part) that he telegraphed Lyng from- Seattle to San Francisco $3,770.70, which was $2,-000 on each claim, less his commission of 5 per centum, amounting to $200, attorney’s fee for drawing…