"Where, in an action for commissions for a broker's services in the sale of a mine, a non-suit was granted, by reason of the fact that the option to purchase, negotiated by the broker, had not matured when suit was brought, and, pending a motion for a new trial for alleged errors of law occurring at the trial, the purchaser complied with the option and completed the sale, it was error to grant a subsequent application for a new trial, in order to permit the broker to allege by amendment the completion of the sale and recover for his services. Lawrence v. Peterson, 34 Wash. 1, 74 P. 1011.