A correspondent to the opinion handed down by Judge Knapp the plaintiff in error agreed to sell for the defendant in error a certain plant and tract of timber land for the sum of $350,000, he to have all above that amount. Under the contract, if the timber failed to measure up to the representation, 130,000,000 feet, the plaintiff was to have as his commission the sum of $25,000. The plaintiff interested J. T. Deal, of Norfolk, who visited the tract and found that there was not the amount of timber represented to him by the plaintiff, who had his information from the defendants solely. He had agreed to pay $390,000 for the proposition, leaving, therefore, the plaintiff $40, if the proposition was what it was represented to be. However, when he found that it was not what it was represented to be, he was finally induced to pay $130,000 for the property, the sale being effected after the plaintiff had ceased to solicit Deal, and had gone out to interest other purchasers. The defendants refused to pay the plaintiff $25,000 agreed upon, under the proviso that this was to be the sum if the timber failed to measure up to the representations made by the defendants to the plaintiff, but offered him $5,000. He refused to accept this sum. 