Merickel

Action to recover commissions ■ for exchange of real estate. Judgment was for defendant on a nonsuit. Plaintiff appeals from the judgment, and brings up the evidence in a bill of exceptions.

Plaintiff is a real estate broker residing in Los Angeles City, and defendant a resident of Minneapolis, Minnesota. The latter was the owner of real property in "the last-named city of the estimated value of $175,000, which -he desired to exchange for ranch property in California. Through the efforts of plaintiff, an exchange for property in Riverside county, known as the Everest Rancho, was effected. Defendant refused to pay plaintiff for such services, and this action is brought to recover the sum of $4,400 as a reasonable compensation for his services in bringing about the exchange of property for defendant.

At the close of plaintiff’s case, the court granted a motion for a nonsuit upon the grounds that the evidence failed to show an agreement in writing authorizing or employing plaintiff to make such exchange, as required by subdivision 6, section 1624 of the Civil Code; that plaintiff failed to show what his commission was according to the terms of the contract, and because one J. H.…