In an action for services as a broker in procuring defendant a contract to purchase land, a request for a ruling that the plaintiff could not recover more than a quantum meruit for his services as a broker, if entitled to recover anything, was held rightly refused, as it assumed that plaintiff had been acting as a broker, while the question whether he had been so acting or not was in issue, and as it disregarded the plaintiff's claim that there was a special agreement between the defendant and himself, of which there was evidence for the jury. Graves v. Dill, 159 Mass. 74, 34 N. E. 336.