In an action by a real estate broker for commissions, it appeared that the owner authorized plaintiff to sell certain real estate for $41,000, agreeing to pay a commission; plaintiff claimed the making of a verbal modification to the effect that he should receive the commission, without regard to price, which modification is denied; a contract was introduced in evidence between the owner and another for a sale for $40,000, but it was claimed that certain interlineations in the contract were made after it had been signed by the owner, and that he never agreed to it in its altered condition; there was also evidence that plaintiff procured a purchaser for $42,000, but the owner refused to perform. Held, that it was error to instruct that the commission was not to be paid unless the sale was consummated, and that the risk of failure was wholly on the broker. Bruce v. Hurlbut, 81 N. Y. S. 54, 81 App. Div. 311. See also Sec. 969.