Parker

Action begun December 4, 1908. By the amended complaint, upon which the action was tried, it was alleged that plaintiff was an experienced mining engineer; that on January 1, 1904, defendant was the owner of a one-half interest in a number of mining claims in Riverside county; that he employed plaintiff to map, photograph and make a technical report as to the quantity and value of ore therein, and assist defendant in making sales of the property, in consideration of the performance of which service defendant agreed to give to plaintiff an undivided one-sixth of his interest in said property, and in case of a sale of any of the property to pay to plaintiff one-sixth of the gross proceeds of such sale; that plaintiff performed his part of the contract; that defendant did not convey to plaintiff any interest in the property; that he sold a number of the claims, but refused to pay to plaintiff any part of the proceeds thereof, or to pay him any sum whatever, except plaintiff’s expenses incurred in the performance of the work; that the exact amount received by defendant for the property sold is unknown to plaintiff, but on information and belief alleged to be in excess of $10,-000, and…