Schweppe

This is an appeal from a judgment in favor of the defendant after an order sustaining his demurrer to the plaintiff’s complaint.

The action was one brought to recover the sum of two thousand five hundred dollars alleged to be due from the defendant to the plaintiff for certain services rendered in representing the defendant before the California State Highway Commission in relation to the location of a cer tain route for the state highway which, if adopted, would bring said highway to or through the lands of the defendant, and also for procuring for the defendant a loan of three thousand dollars, to be secured by a mortgage upon said lands, the amount to be paid for said services to become payable upon the procurement of said loan and upon the construction of the said highway along said proposed route to or through any portion of the defendant’s land. The complaint, in pleading the agreement for the plaintiff’s said employment, does not set forth in terms the writing embodying the same, but pleads said agreement in substance as follows: The plaintiff is alleged to have “agreed to perform certain services for and on behalf of the defendant in representing the defendant before the…