Logan

Action to recover for services as broker for the purchase of certain real estate. A judgment of non-suit was rendered against the plaintiff, and he has appealed therefrom.

At the trial, after testifying that he was* a real estate broker, and that he had had several interviews with the defendant regarding the property referred to in the complaint, the plaintiff offered in evidence the following instrument as a note or memorandum in writing requisite under section 1624, Civil Code, for his recovery, viz.:

—and in connection therewith offered to prove that, acting under it, he went to San Francisco on Friday, July 31st, and had an interview with the owners of the property, and showed them this instrument, and got from them “an offer” that they would accept $42]000; that the proposition was made that it was to be “arranged” on Monday; that a few minutes before noon on the next day, Saturday, the defendant stated to him that he would go with him to San Francisco on the next out-going narrow gauge train; to which he replied that he could not go on that train but would go on the next broad gauge train and would meet him at the owner’s office; that he went over and remained there for…