Hay

Plaintiff brought this action to recover upon an agreement alleged to have been made by defendant, and which was expressed in writing and in the following form:

Other facts explanatory of the cause of action as alleged were: that the plaintiff had performed and rendered valuable services to defendant in negotiating the sale of the lots of land described in the contract, and that the sale of the real property had been completed prior to the commencement of the action; that defendant had, upon demand being made therefor, refused to pay plaintiff the one thousand dollars, or any part thereof. In the answer of defendant issue was taken as to all of the material allegations of the complaint. The cause came on for trial and after hearing the testimony of the plaintiff, and considering certain documentary evidence, the trial judge granted the motion of defendant that a judgment of nonsuit be entered. From the judgment so entered this appeal has been taken .

By the bill of exceptions, in which the evidence is set forth in narrative form, it appears that plaintiff was engaged by one Mr. Redlick to secure for the latter a piece of property suitable to the erection of a store building;…