
    Thomas Burgen v. Charles L. Palmer.
    No. 15,587.
    (96 Pac. 1118.)
    
      Agency — Commission—“Purchaser.” One employed to find a purchaser of real estate could not recover a commission without showing that he had found a purchaser with financial ability to buy.
    .. Error from Republic district court; William- T. Dillon, judge.
    Opinion filed June 6, 1908.
    Affirmed.
    
      V. D. Bullen, for plaintiff in error.
    
      Hugh Alexander, for defendant in error.
   Per Curiam:

The plaintiff sued to recover his commission as a real-estate agent employed to find a purchaser for the defendant’s land. The court instructed the jury to return a verdict for the defendant, and the plaintiff prosecutes error. The abstract is barren of any evidence even tending to show that the plaintiff found a purchaser who had the financial ability to buy. Therefore, he failed to make out the case. Each party asked for a peremptory instruction in his favor. Since there was no evidence of a fact indispensable to the plaintiff’s right to recover, the direction of a verdict for the defendant was proper.

The judgment of the district court is affirmed.  