Hebets

Appellant, a resident of Arizona, brought suit in the Superior Court in and for Mari-copa County, of that state, against appellee, a resident of California, alleging two causes of action:

First, that appellee employed appellant to obtain a purchaser for real estate that appellee owned in Maricopa County; that appellee agreed to pay appellant five per cent commission on the sale price; that a memorandum of such promise and agreement was in writing; that appellant negotiated a sale of appellee’s land under the terms of the agreement; that appellant performed all the conditions of the contract, and prayed for judgment in the sum of $5,400.

Second, that appellant had performed services for appellee at his request in the selling of said real estate for the sum of $108,000; that such services were reasonably worth $5,400.

The cause was removed to the District Court of the United States for the District of Arizona on the ground of diversity of citizenship of the parties; thereafter, ap-pellee answered denying the material allegations of the complaint.

Appellant relies on some forty-three letters, telegrams and other documents as evidencing the contract sued on. These letters,…