Talcott v. Mastin

This was an action to recover commissions on a sale of real estate.

Trial to the court.

Plaintiff had judgment.

The facts are:

Previous to January, 1900, defendant, owner of a ranch in Delta county, had listed the same for sale with plaintiff, at an agreed commission.

January 15, 1900, plaintiff sent defendant the following telegram:

“Will you take fifty-five hundred dollars for your ranch — twenty-five hundred cash, balance witliin three years at six per cent, interest? Answer immediately.”

To which defendant replied:

“Bottom price six thousand, land and buildings; buyer pay appraised valuation…