MUSSELL, J.
This is an appeal from a judgment in favor of defendant entered pursuant to a directed verdict, the action being one to recover a real estate broker's commission. The evidence presented by plaintiff is substantially the same as that in a former trial of the action in which a jury returned a verdict in favor of plaintiff H. Frank Nelson. A new trial was granted in that action and on appeal the order granting it was affirmed by this court. (Nelson
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