In an action for commissions for a sale of land under a contract alleged to have been made with defendant's agent, where there was evidence tending to show that the contract was entered into between the agent and defendant for an exchange of land by each, defendant agreeing to pay the agent a certain commission, the defendant testified that he settled with the agent and gave him a note for the amount before he had any knowledge that plaintiff was in any manner connected with the transaction, plaintiff could not on cross-examination, require the defendant to answer as to whether the note had been paid. Quale v. Hazel, 19 S.'D. 483, 104 N. W. 215.