CUTTER, J.
The plaintiff entered into a written agreement with the defendant under which (1) the plaintiff agreed to transfer a certain parcel of real estate to the defendant subject to certain encumbrances and (2) the defendant agreed that, when he should sell the property "at whatever sale price" the defendant "may see fit to take," he would pay to the plaintiff "the net cash proceeds received from said sale, less a five per cent ... commission of the sale price...
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