Leszynsky

According to (the view taken by plaintiff (which for present purposes we may concede to be correct), the cause of action on which he rested his case at the trial is to be regarded as founded on the asserted liability of Joseph P. Hale for services rendered by plaintiff in procuring a purchaser for a great tract of land owned or controlled by Hale, and situated in Lower California; the reasonable value of such services being stated at the sum of $160,000. On the evidence for plaintiff the court below rendered judgment of nonsuit against him. The greater part of the evidence consisted of a series of letters passed between plaintiff at London, England, and Hale at San Francisco, California. It will be sufficient to state the effect of only a few of these. Hale died before this action was begun. On January 17, 1891, plaintiff procured and transmitted to Hale an offer in writing from a con *55 cern styled usually in the correspondence the London and Amsterdam Trust Company. Such offer was a proposal to form a corporation to “take over, work, and develop the property,” and to pay Hale therefor £400,000 as follows: Cash, £100,000; six per cent first mortgage debentures, £100,000; shares…