LEWIS, Circuit Judge.
Appellant sued for a broker's commission. In his complaint he alleges that defendant —
"orally agreed with said plaintiff that in event a sale be consummated of any real estate or any personal property owned by defendant, or that the same be exchanged, for other property, that he, the defendant, would pay plaintiff for his services the usual and customary rate of commission * * *.
"That pursuant to said agreement of employment...
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