Pinney

This was an action to recover the sum of $40,000 as a reasonable compensation for plaintiff’s services rendered in procuring a purchaser for t'he defendant’s mining claims, situated in Trinity County, known as the ChlorideBaily, Jenny Lind, and Maple group of mines. The action is based on a written promise, contained in a letter written by defendant to plaintiff, “to pay you a reasonable compensation for such service.” In another part of the letter he says: “To pay you such compensation as in equity and good conscience you are entitled and the margin of profit therein will permit.” The case was tried with a jury, which returned a verdict in favor of the plaintiff in the sum of $7,500, and judgment was given for that amount. Plaintiff moved for a new trial, which was granted, and defendants appeal from the order granting a new trial.

At the trial it was shown that plaintiff introduced to Wilson (defendant and appellant) one Charles Sweeny, who purchased of Wilson the said mines for $235,000. Every witness produced for the plaintiff testified that ten per cent on the amount for which mining property should sell was a reasonable compensation for the services in finding a purchaser.…