Morris

Plaintiff sued defendant, an Ohio corporation, for alleged breach of contract, asserting that the defendant had employed him to sell certain of its stock and had agreed to pay him for doing so; that he had made the sale but the corporation refused to deliver the stock to the purchaser or to pay him his commission.

At the close of plaintiff’s case (which was being tried with a jury) defendant moved for a nonsuit. The court made an order dismissing the jury and dismissing the ease. From this order plaintiff appeals.

It was the duty of the trial court in passing upon the motion for nonsuit to give plaintiff’s evidence all the value to which it was entitled, indulging every legitimate inference reasonably deducible from the proof in favor of plaintiff, ignoring conflicts in the testimony and disregarding evidence for the defense. (Nash v. Wright, 82 Cal.App.2d 467, 470 [ 186 P.2d 686 ].)

Summarizing evidence presented by plaintiff we find that, when plaintiff called the corporation, its president, Kim-ball, told plaintiff that it was true that the corporation was contemplating an issue of stock of a total value of five million dollars, being 25,000 shares at $200 a share. Plaintiff…