Maynes

This is an appeal from a judgment in favor of defendant in an action upon a common count, for services rendered. The complaint alleged “that the defendants above named are indebted to the plaintiff in the sum of One Thousand ($1,000.00) Dollars for services rendered to the 'defendants by Lubeck’s Investment Company, a corporation, within two years last past for which services the said defendants promised in writing to pay the said Lubeck’s Investment Company the said sum of One Thousand Dollars.” The trial court found in the exact language quoted that these allegations of the complaint were not true. The facts appearing at the trial were that defendant and plaintiff’s assignor entered into a written contract whereby the assignor was given the exclusive right to sell certain property belonging to the defendant for the period of one day or until written notice of revocation was received. By the terms of the contract the defendant agreed to pay plaintiff’s assignor all over the sum of four thousand five hundred dollars for which the property was sold but, in any event, a minimum compensation of five hundred dollars if “before the termination of this agreement, a deposit or notice of…