A. H. Cheney and Harold S. Peterson v. W‪.‬

CROCKETT, Justice. Plaintiff A. H. Cheney, assignee of certain accounts of Real Estate Exchange, Inc., sued to recover for brokers services the latter had rendered defendants in arranging a trade of their motel property for a dairy farm. The trial court rejected plaintiffs claim that he was entitled to 5% on the $95,000 value of the property, totaling $4,750, as provided by an earnest money agreement, but granted him judgment for $3,500 based upon a subsequent agreement. Defendants attorney filed a notice of appeal, which was later dismissed. We are concerned only with plaintiffs cross-appeal in which he insists on entitlement to the full $4,750.