CRAMER, Justice.
This is an action by Baron De Ely against Joe Ferree to recover a real estate commission tried by the court below without a jury.
The written contract signed by the parties was as follows:
"Humble Filling Sta. Exclusive Sales Agency Contract. Dallas, Texas. Owner Joe Ferree. Phone PR4-9146. Address 8500 S Lancaster Ave. In consideration of the efforts made and to be made to effect a sale or lease by Baron De Ely, I hereby appoint said...
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