Reed

The defendant had judgment in the trial court, from which judgment the plaintiff appeals upon the judgment-roll alone.

The complaint alleges that within two years preceding the beginning of the action the plaintiff performed certain service's in and about the business affairs of the defendant, at her special instance and request, and upon her promise to pay therefor; that the defendant promised and agreed to pay the plaintiff the sum of $23,570, and that no part of said sum has been paid, etc. A second count in the complaint alleged in substance the matters contained in the first count, ■ and in addition thereto alleged that the services performed by the plaintiff were reasonably worth the sum of $23,570. The answer of the defendant denied that the plaintiff performed any services at her special instance and request. Admitted that the plaintiff was to be paid commissions in the event that he succeeded in the sale of certain real estate. Admits that the plaintiff performed certain services in connection with the attempted or proposed sale of certain real estate, for which he was to be paid a commission in the event of a sale; that the services performed by him were at his own…