In an action for commissions on a sale of defendant's land, an instruction that the jury should find for the defendant if the plaintiff had been unable to procure a purchaser, and had abandoned his efforts to procure one, was not reversible error for making defendant's rights dependent upon two states of facts, either of which was sufficient in itself, in view of the fact that plaintiff's claim was that he found a purchaser to whom defendant sold, pending plaintiff's negotiations for a sale, and that the court also instructed on the distinction between selling to the plaintiff's customer and to a third party. Van Tobel v. Stetson, 32 Wash. 683, 73 P. 788.