PHILLIPS, Circuit Judge.
This is an action for specific performance. The amended complaint alleged these facts: On September 5, 1944, Henry C. Gerard wrote a letter giving Garrett the exclusive listing, as a real estate broker, for a period of 90 days, of a quarter section of land owned by W. R. Gerard, David J. Gerard, and Roy H. Gerard. The commission was to be 5 per cent. The terms were $10,000 cash, and the oil rights under one of the 40-acre tracts on the north...
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