
    Cyrus Sullivan et al., Appellants, v. C. R. Darratt, Appellee.
    
    No. 16,469.
    Appeal from Sedgwick district court.
    Opinion filed July 9, 1910.
    Reversed.
    
      George W. Adams, and John W. Adams, for the appellants.
    
      Earl Blake, W. A. Ayres, and Walter A. Blake, for the appellee.
   Per Curiam:

All the plaintiffs were required to prove, to-make their case, was employment to effect a trade, performance-of the service, and the amount of their compensation. This they did. It was not essential to recovery that they should allege or-prove that they were licensed agents. The court could not. take judicial notice of the ordinances of the city of Wichita, and none-was pleaded or proved. Unfaithfulness, dual employment and the like are defenses which are waived unless pleaded, and no such defense was pleaded. A jury properly instructed might, have interpreted the employment as that of middlemen only, in which event a commission from both parties to the trade would have been permissible.

The judgment of the district court is reversed and the causéis remanded for a new trial.  