Plaintiff was employed by defendant B. to sell 640 acres of land for $15 an acre cash to B. and as much more to plaintiff as he could get; plaintiff induced defendant M. to purchase for $19.50 per acre, and to deposit such amount subject to a tender of title; it was thereafter discovered that B. could only convey 538 acres, whereupon, in order to consummate the deal, it was arranged that a sale of this amount should be made at $15 an acre, and that the purchaser should pay plaintiff $300, and that B. should pay plaintiff $600, to which plaintiff agreed; it was subsequently discovered that B.'s title was good only to 338 acres, which were conveyed. Held, that the agreement by both the owner and the purchaser to pay such amount to plaintiff was based on sufficient consideration, and that plaintiff was entitled to recover on such contract and not on a quantum meruit. "The case was given to the jury without a charge; this, perhaps, accounts for the Sancho Panza verdict they returned." Brun-son v. Blair, 44 Tex. Civ. App. 43, 97 S. W. 337.