Leggett

This is an appeal from a judgment entered against plaintiff upon an order sustaining defendant’s demurrer t'o plaintiff’s complaint.

The complaint is in four counts. The first two counts state, or attempt to state, a cause of action against defendant individually for services rendered to defendant by plaintiff in procuring a.purchaser for real estate belonging to the estate of Amanda M. Scales, deceased, of whose will defendant was the sole executor.

In the third and fourth counts plaintiff seeks to charge defendant, as executor, for services as broker in obtaining a purchaser for real estate belonging to said estate.

The demurrer was general, and was directed separately against each count.

The court made an order sustaining the demurrer in general terms, and entered a judgment against plaintiff and in favor of defendant, both individually and in his capacity as executor of the last will and testament of Amanda M. Scales, deceased.

We will first consider the question presented by the ruling of the court upon the demurrers to the third and fourth counts.

It is but fair to appellant to state that we do not understand him to seriously contend that either of these counts states…