Proof of the defendant owner's contract to convey to plaintiff for a certain amount in cash, leaving him to retain any greater sum which he might receive from another purchaser; held, at variance with an allegation that defendant employed plaintiff to procure a purchaser, and agreed that if plaintiff should sell the property for more than a certain sum he could have the excess as compensation for his services and expenses. Smith v. Tatum, 79 S. E. 775, 140 Ga. 719.