Breen

This action was brought to recover $350 for services alleged to have been rendered and performed by the assignors of plaintiff for defendant at his special instance and request. The complaint alleges that defendant promised and agreed to pay to plaintiff’s assignors the said sum of $350 for such services. The answer denies that the plaintiff’s assignors ever rendered or performed any services for defendant at his special instance or request or otherwise, or that defendant ever promised to pay $350 or any other sum for any such services or for any services.

The case was tried before the court with a jury duly impaneled.

Plaintiff, in order to prove his case, introduced without objection an agreement in writing, signed by defendant, which is as follows:

Mr. Feder was called by plaintiff as a witness, and testified that on the twenty-ninth day of August, 1906, the defendant came into the office and asked that no further efforts be made to sell the property under the contract, and that defendant then and there said to witness: “Dan O’Callaghan has an' offer for this property. He has a deposit of $500, and I believe that he will sell it, and therefore if he does sell it I will get…