FOSTER, J.
Plaintiff below appeals from a judgment of dismissal. Appellant sued to recover a real-estate broker's commission paid to respondent Poe. At the conclusion of appellant's evidence, the court orally granted respondent's motion to dismiss "on the ground that the evidence produced by the plaintiff was not sufficient to sustain his cause of action," and the judgment recites that plaintiff's case was dismissed because of the insufficiency of his evidence.
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