Plaintiff, as broker, sold property of S. to ft, and defendant was employed to draw a contract of sale, but on finding that S. had failed, defendant postponed drawing the contract, and later, though without title, he contracted with C. to sell him the property, and received from C. part of the price which he handed to S., whereupon title was transferred to him, and he made a conveyance to C.; defendant at no time had any personal interest in the property, and acted solely as the agent of C. for the purpose of transfer, and did not employ plaintiffs, nor agree to pay them a commission; but before the title vested in defendant he told one of the plaintiffs that " the matter would go through," that he was the owner of the property, and would make the contract himself, and if plaintiffs were anxious he would then pay half of the commissions in lieu of the whole when the contract was closed. Held, that the promise to pay plaintiff was either a parol promise to pay another's debt, or an original promise, without consideration, and therefore void. Smythe v. Mack, 19 N. Y. S. 347, 64 Hun, 639..