Toomy

Plaintiff brought this action to recover of the defendant $18,750 as the reasonable value of his services rendered in procuring a purchaser for defendant’s, ranch in the state of Nevada, with the live-stock and farming implements thereon, at the fixed price of $150,000, payable in three several installments, under a writing signed by the defendant, the material part of which is as follows:—

On the trial, the plaintiff, to sustain the issues upon his part, after proving that he was a real estate broker and agent, and the execution and delivery of the memorandum, above referred to, offered it in evidence, and upon the objection of the defendant that it was incompetent, etc., because it neither specified that the employment of plaintiff was for compensation or a commission, nor the amount of any compensation or commission, for his services, it was excluded. The plaintiff next offered to prove that he found a purchaser able, ready, and willing to purchase, who was acceptable to the defendant, and that his — plaintiff’s — services were reasonably worth the amount demanded. The evidence so offered was excluded on defendant’s objection, on the ground *641 that there was no evidence…