GORDON, J.
The plaintiff based his cause of action upon a written listing agreement which he annexed to his complaint. The listing agreement meets the requirements of sec. 240.10, Stats. It contains a provision that the owner will pay a commission under the following circumstances:
"If a sale or exchange is made or a purchaser procured therefor by you, by the undersigned, or by any other, at the price and upon the terms specified herein, or at any other terms...
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