Wallace

Plaintiff seeks to recover a sum alleged to have been earned as a salesman for defend ant. At the close of plaintiff’s testimony defendant presented a motion for nonsuit, which was taken under advisement and on a later date, December 18, 1925, granted by the court. An entry of the order granting the motion was made upon the minutes of the court. On January 5, 1926, a judgment was signed by the trial judge and caused to be filed, in which the following appears: “Whereupon, upon motion of said counsel, said court take said motion under advisement, and thereafter and upon the 18th day of December, 1925, said Court decided to and did grant such motion for non-suit, and there was caused to be entered in the minutes of said Court a minute order granting judgment for defendant on defendant’s motion of non-suit thereon; Now Therefore, pursuant to law and the premises, It Is Hereby Ordered, Adjudged and Decreed, that a judgment of non-suit be and the same is hereby entered in favor of defendant and against the plaintiff, on the ground that upon said trial the plaintiff has failed to prove sufficient facts to constitute a course of action in favor of plaintiff and against the defendant; It…