After agreeing to sell land belonging to plaintiff for $12,000 within one year, defendant agreed to account for the proceeds of sale of said premises, whenever prior to the expiration of said twelve months, he should effect a sale of said premises.

Held, that this was not an agreement to pay only on condition that a sale was made, but was an absolute promise to pay within a year, and to pay before the end of a year if a sale should be sooner affected. Dunn v. Mackey, 80 Cal. 104.