In an action to recover $4,000, the residue of $7,600 brokerage for negotiating a loan of $4,000 for four months, the evidence did not support the allegations of the complaint, and the plaintiff was non-suited. Held, that it was immaterial that defendant did not specify for his motion a non-suit, as the complaint could not be corrected except by amendment, and that could not be granted because the demand was unconscionable. Daley v. Russ, 86 Cal. 114, 24 P. 867.