CULLEN, Commissioner.
H. C. Jones sued Z. H. Todd on a $500 note given by Todd to Jones as a fee or commission for Jones' services as agent in a transaction in which Todd purchased the timber rights on a tract of land supposedly owned by Joseph M. Surgener. Todd defended on the ground of fraud. The jury found for Todd. Jones appeals, contending (1) that there was no proof of actionable fraud, and (2) that there was no proof of actual loss or damage.
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