FELTON, C. J.
1. Since we must consider the cross-bill of exceptions and because that ruling bears on the consideration of the question presented in the main bill, we will first consider the cross-bill. In his cross-action, the defendant J. C. Barnes alleged: "3. Defendant shows that in 1946 he entered into an agreement with the plaintiff by which the defendant was to devote his time and services in locating real estate to be purchased with the money furnished by...
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