Young

Appeal from a judgment entered against the plaintiff. The appeal is presented on the judgment-roll. The facts as they may be gathered from the complaint are as follows : Prior to December 17, 1903, the plaintiff had rendered services to C. A. Canfield, since deceased, in and about the purchase of certain land. Canfield became the owner of the land and as evidence of the compensation to be paid to the plaintiff for his services, wrote the plaintiff as follows:

The total price paid by Canfield for the land, including taxes, was $6,765.79. Canfield sold the property on April 30, 1913, for eight thousand dollars; that amount being in excess of the purchase price by the sum of $1,234.21. The plaintiff duly presented his claim against the estate of Can-field for the sum of $411.40, being one-third of the apparent profit made by Canfield on his investment. The court found the facts as they were alleged by the plaintiff, but found that there was nothing due the plaintiff for the reason that by adding interest at the rate of seven per cent to the amount of Canfield’s original investment, and charging that interest as a part of the investment, no profits- resulted by reason of the price…