Where, after defendant had employed plaintiff to sell certain standing timber at specified price and terms, he availed himself of plaintiff's services and sold the timber to an employe of the person with whom plaintiff had been negotiating on different terms, plaintiff was entitled, in an action on his contract, to join a prayer for a recovery of the reasonable value of the services, and recover on a quantum meruit. McDonald v. Cabiness, 100 Tex. 615, 98 S. W. 943, affirmed 102 S. W. 720. Compare Johnson v. Va. & Car. Lumber Co., 163 F. 249, 89 C. C. A. 632; Smith v. Va. & Car. Lumber Co., 163 F. 249, 89 C. C. A. 632; Hughes v. Daniel 65 S. 518, 187 Ala. 41; Alford v. Creagh, 62 S. 254, 7 Ala. App. 358.