MR. JUSTICE HARLAN, after stating the case, delivered the opinion of the court.
1. We perceive no error in the court's charge to the jury upon the cause of action set out in the first count of the complaint, namely, as to whether any such agreement as that alleged was ever made between the plaintiff and the defendant.
The court properly said:
"On the cause of action as stated here, in order to show any right upon the part of the plaintiff to the commission...
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