Rattray

At the trial of this action the court granted the defendant’s motion for a nonsuit. Plaintiff’s appeal is from the judgment.

By his action the plaintiff seeks to recover commissions in accordance with an alleged oral agreement. William J. Wickersheim was the president and general manager of defendant company. A condensed statement of the plaintiff’s testimony is as follows: “In August, 1914, Mr. Wickersheim came to my office and asked me if I could get him a man who would invest some money in his company. He said if I would put him in touch with a party who was able and willing to invest some money, he agreed he would give me five per cent. He preferred to get a man who would put in $10,000.” Thereafter Mr. Wickersheim sent to the plaintiff a letter, which the plaintiff received on March 26, 1915, as follows: ‘ ‘ This is to confirm our verbal agreement in which we agreed to pay you five per cent on $10,000 or more, if you are successful in securing an investment with this amount for our business.” This letter was signed “Wickersheim Implement Company, by Wm. J. Wickersheim.” The plaintiff introduced to Wickersheim one P. S. M'oore, who, on March 23, 1915, submitted to Wickersheim…