A motion to direct a verdict for defendant without special ground, should be granted where the plaintiff's evidence wholly fails to show such performance on his part as is necessary to entitle him to recover. Gerding v. Haskins, 141 N. Y. 514, 36 N. E. 601. Where an action is brought to recover commissions on a loan which a certain person is alleged to have negotiated for defendants, in the absence of proof that such person was authorized to act as defendant's agent in the transaction, the action will be dismissed, without being submitted to the jury. McLaughlin v. Ranger, 66 N. Y. S. 450, 32 Misc. 732.

Where, in an action for a commission, the evidence did not show performance on plaintiff's part before defendant's termination of the transaction, defendant's motion to dismiss on that ground should have been granted. Von Bayer v. Ninigret Mills Co., 150 N. Y. Sup. 291, 164 App. Div. 698.

Dismissal of action by owner's agent against drawer of a check given to such agent for purchase price thereof, less an incumbrance, where deed of conveyance was changed in a material matter by such agent, without knowledge of the owner or proposed purchaser, and where sale, for that reason, was not consummated, was not error. Dorwart v. Hockett, 173 N. W. 596, - Neb. Sup. - .