Plaintiff claimed that defendant had promised to pay a certain sum on his procuring a contract for the sale of his land, and that he had done so; defendant contended that he had so promised, provided the sale, as agreed on, should be consummated. Held, that the question whether the contract of sale could be legally enforced was immaterial, under the issues, and an instruction that it was invalid was misleading and prejudicial. Baird v. Gleckler, 11 S. D. 233, 76 N. W. 931.