Except as so modified, said order is affirmed, without costs and without disbursements.
Plaintiff's first cause of action pleads a breach of the written agreement between the parties pursuant to which defendant appointed plaintiff as its agent "in the solicitation of such [oil] drilling participations as may be tendered to him by [defendant]." For services successfully rendered, plaintiff was to receive an 8% commission, or, under specified conditions, a 1/32 working...
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