BUFFINGTON, Circuit Judge.
It appears in this case that the Penn-Cities Oil Company, of Pennsylvania, made one Montgomery, of Oklahoma, its agent to sell oil properties it owned in Texas. Montgomery was unable to do so and, in order to secure aid in Texas, he made, without any knowledge of the defendants, an oral agreement with the plaintiff to endeavor to secure a purchaser and agreed to divide commissions with him if he succeeded. Thereafter, on November 28, 1922...
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