Pearson

Plaintiff appeals from a judgment of nonsuit.

The plaintiff alleges that he entered into an oral contract with J. Kittredge Wheeler whereby plaintiff was to render services to Wheeler in locating and examining land for particular purposes specified by Wheeler; that plaintiff should assist Wheeler in selling any land so located and examined; that out of any sale consummated in pursuance of said contract Wheeler would pay or cause to be paid to the plaintiff one-third of any commission received by Wheeler from the sale of any such lands. Plaintiff further alleged that he performed all services which by the terms of said contract were to be performed by him; in particular that .the plaintiff located and examined a tract of land in Madera County, known as the Lauganour tract, and assisted Wheeler in selling the same; that out of the sale of said tract defendant received as commission therefor the sum of nine thousand dollars; that plaintiff became entitled to one-third of said commission, but that. Wheeler refused to pay and has not paid to plaintiff the same or any part thereof.

The answer, which was filed by Wheeler, denied that he entered into any contract with the plaintiff…