Johnston v. Smith

This appeal by defendants from a judgment against them for the balance due on a real-estate broker’s commission, requires us to construe the contract upon which plaintiff recovered.

Prior to July 3, 1952, defendants orally employed plaintiff to sell certain real estate in Klickitat county, Washington. They agreed to pay him a commission of five per cent of the sale price. He procured Ross E. Crow and wife as purchasers, and, on July 3, 1952, an exchánge agreement, was entered into by plaintiff, defendants, and Crows.

This document expressed Crows’ agreement to purchase defendants’ property for…