Anderson

(after stating the facts as above). We agree with the court below that complaint failed to stale facts sufficient to constitute a cause of action. It does not show that the minds of the parties ever mot upon the terms of a contract. In the first letter the defendant imparts to the plaintiff the fact that he has timber land for sale at $3 per thousand. In the second letter the plaintiff answers, asking for a plat of the land and the defendant’s terms, and adds : “I presume that you pay commission out of the $3 per M.” In the third letter the defendant sends the plat and informs the plaintiff that, on sale of the lands at $3 per M., “there will be a 5 per cent, commission going to you. I presume terms eould be made that would meet the views of a substantial purchaser.” The date of that letter was January 25, 1923. There the correspondence closed. The plaintiff made no answer to the offer to pay a commission of 5 per cent, for effecting the sale, and he gave the defendant no intima *72 tdoE that he accepted the employment, or •would undertake to find a purchaser.

Nor did he make any inquiry as to terms of a sale that would be acceptable to the defendant. “A contract by…