In an action by a broker for services, the complaint was on a quantum meruit, alleging performance of services reasonably worth a certain sum; the evidence showed that plaintiff, in a conversation between himself and defendant, had stated that his commission rate was five per cent., but nothing further was said either at that time or at the time of the plaintiff's employment by the defendant with reference to commissions; commissions in general were shown to vary from three to five per cent. depending upon the amount involved and the circumstances. Held, that a finding that there was no agreement to pay plaintiff a five per cent. commission was proper. Burden v. Briquilet. 125 Wis.

341, 104 N. W. 83; Hatfield v. Holquist, 166 N. W. 1068, 139 Minn. 513.