In an action for a broker's commissions where it was conceded that a commission of five per cent. was agreed on by the parties and the evidence as to the value of defendant's land and of that which he received in exchange was conflicting, a charge imposing as a condition upon defendant's right to succeed that he did not make a contract for five per cent. commissions "as above explained" (meaning in a previous portion of the charge), and that defendant's land was only worth $4,000 or less, while his equity in the land he received in exchange was worth only about $2,000 or $3,000, was misleading and prejudicial. Jameson v. Hutchison (Tex. Civ. App. '08), 109 S. W. 1096.