O'Neal v. Plowden

Appellee sued appellant to recover a commission alleged to have been earned in procuring a purchaser for certain acreage .property of defendant adjacent to the city of Florence. The parties entered into an agreement in writing by which plaintiff acquired the exclusive right during a period of ten days “to make sale of above described property” at a price and on terms definitely fixed by the contract, which also provided that “in case of a sale” by plaintiff, he was to have a commission of 5 per cent, on the sale price or any excess over and above that price. Within the time stipulated…