Page:North Dakota Reports (vol. 48).pdf/614

 all the cash received on the transaction to pay defendant’s commission. Defendant claims there was never to be any liability on his part for having sigried the note. In connection with the giving of the note the bank gave to the defendant the following writing, which was duly signed by its cashier:

“Merchants’ State Bank, Velva, North Dakota.

“Exhibit A—L. M. D.

“This certifies that Mr. S. S. Streeper, of Sawyer, North Dakota, holds an equity in that certain contract for a deed between the Merchants’ State Bank of Velva, North Dakota, and Mr. Frank S. Dom and his wife covering the west half (W. 14) of section eight (8), township one hundred fifty-two (152), range eighty (80), said equity being in the sum of five hundred ($500.00) dollars, to be paid out of the crops to be raised the fall of 1917 on said land, providing said crops are sufficient, above interest due on the contract and taxes. If such crops are not sufficient then this equity shall be paid out of subsequent crops.

“And the Merchants’ State Bank is this day accepting a note from Mr. S. S. Streeper in the sum of five hundred ($500.00) dollars to be secured by his equity in the above-mentioned contract for a deed, to be paid when this equity in the contract is paid.

“Merchants’ State Bank, “By A. E. Sevaried, Cashier.”

Aside from the mortgages assumed at the time the contract was made, plaintiff took a promissory note from the purchaser for the remainder of the respective payments. The purchaser never made any further payment on the contract, and never farmed the land, except during 1917, and the crops that year were lost by hail. The bank still holds his note, and has never legally canceled the contract.

There would seem to be no doubt that the defendant had earned his commission, for the plaintiff entered into a valid contract for the sale of the land with the defendant’s prospective purchaser, and that such contract had ever since remained in full force and effect so far as this record shows. The purchaser took possession of the land, and