ARNOLD, V.C.J.
For his first cause of action plaintiff alleged that prior to May 17, 1946, he was the owner of and in possession of a restaurant in Tulsa and on said date entered into a written contract with the defendant H.M. McDaniel whereby said defendant, acting as his agent, agreed to sell said restaurant; that under the terms of the written contract of employment McDaniel was to receive 5 per cent of the gross sale price or a minimum of $250; that on the 25th...
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