In an action for services rendered in purchasing property where there was a conflict in the evidence as to whether or not plaintiff had performed the services which he was employed to perform, a charge authorizing a recovery for plaintiff, without requiring the jury to find that he had performed the stipulated services, was erroneous. St. Louis, 8. W. P. Co. of Texas v. Irvine (Tex. Civ. App. '05), 89 S. W. 428; Trees v. Milliken (Ind. App. '08), 85 N. E. 123.