Burrows

Plaintiff, the appellant herein, entered into an agreement with A. S. and C. B. Burrows, both of whom are defendants and respondents herein, whereby he was to endeavor to sell the latter’s bank stock and was to receive-ten dollars for each share sold. Plaintiff made certain efforts to secure a purchaser, and in a more or less indirect way these efforts interested parties who actually purchased the stock, whereupon he claimed the commission, which defendants refused to pay, claiming that they had no knowledge that the purchaser came to them through the efforts of plaintiff and that they sold the stock without making provision for the payment of any commission. This action for the commission resulted, and at the conclusion of plaintiff’s case he offered to dismiss the action against certain defendants, whereupon the court stated: “I do not believe there is any ease made against anyone.” Counsel for defendants then replied: “I intended to make a motion for a nonsuit as soon as the plaintiff got through, ’ ’ to which the court responded: “The motion will be granted.” Judgment of nonsuit was thereafter entered and plaintiff appeals on the ground that the motion should have been denied,…