In an action to recover for the value of services as agent in selling real estate, when there is testimony tending to show that the plaintiff rendered some service, but did not effect a sale, if the jury believed that he rendered some service, an instruction that he is entitled to recover on a quantum meruit is not improper. McMurtry v. Madison, 18 Neb. 291, 25 N. W. 85. (This is contrary to the general rule, that the agent stakes his efforts upon success, and if unsuccessful loses all.)