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Plaintiff sued to recover the sum of $10,800 claimed to be due under an express contract for services rendered to defendant in securing a purchaser for real property owned by the defendant. The cause was tried before the court sitting without a jury and resulted in a judgment for the defendant, from which the plaintiff has appealed on a typewritten transcript.

The amended complaint upon which the cause was tried alleged that the parties executed a written instrument on January 21, 1922, wherein defendant promised to pay plain tiff $10,800 for services rendered by plaintiff “in connection with the sale by the plaintiff of certain real property,” and that no part of said sum had been paid. At the close of plaintiff’s case he obtained leave of court to file an amendment to this complaint in which he alleged that the contract had been fully performed except in so far as performance had been prevented by the defendant. The answer denied the execution of any contract on January 21, 1922, and alleged that on January 23, 1922, he executed a contract with plaintiff, but denied that he promised therein to pay plaintiff any sum for services rendered by plaintiff or that any services had…