Plaintiff authorized defendant, who was a broker, to sell a tract of land, and to contract and advertise at plaintiff's expense; it was afterwards agreed that the advertisement should be discontinued, and plaintiff told defendant that if he got a piece of property to sell for which plaintiff could turn in his property as part payment he desired to know it; afterward defendant and others obtained an option on some land, and notified plaintiff, who, on being told of the price which defendant and his associates were to pay for it, purchased it, after examination, giving his land as part payment; later, plaintiff sued on the ground that defendant was his agent and liable to him for the profit. Held, that the business was in no sense confidential, and it was error to instruct that it was incumbent on defendant to show that when plaintiff purchased he had knowledge of all the facts, and that the land was worth what he paid for it. Pomeroy v. Wimer, 167 Ind. 440, 78 N. E. 233, 79 N. E. 446.