Daley

— I dissent. The ground for a nonsuit

must be specifically stated, and this case presents no exception to the rule.

Rehearing denied.

— This was an action to recover four thousand dollars, as brokerage, for negotiating a loan. The plaintiff was nonsuited, and he appeals from an order denying his motion for a new trial.

We think that the plaintiff failed to prove the case set forth in his complaint. The contract, which was annexed to the complaint, was as follows: “This agreement, made this the nineteenth day of November, 1881, by and between C. C. E. Russ and F. M. Biber, parties of the first part, and John H. Daley, party of the second part, witnesseth: That whereas, said parties of the first part are in want of the sum of four thousand (4,000) dollars to make improvements, and pay out money on account of a certain property known as the ‘Consolidated Jupiter Mines,’ etc., in Sierra County, of which the said parties of the first part are the owners, and the said party of the second part is willing to procure them said amount on the security of said Jupiter mining property; now said parties of the first part hereby agree, that if said Daley procures them said money as aforesaid, for the term of four (4) months, they will pay him four thousand dollars as brokerage for his trouble in procuring the same; if the sum…