Where an action was brought to recover commissions for effecting a sale of real estate, and the testimony shows that the broker merely procured a purchaser who purchased the premises from the owner, Held, that a judgment awarding the broker a less sum than the commissions upon a completed sale will not be set aside. Gregg v. Loomis, 22 Neb. 174, 34 N. W. 355. Compare Brunson v. Blair, 44 Tex. Civ. App. 43, 97 S. W. 337. See Sec. 1063.

Plaintiff sued to recover commissions for obtaining a loan for defendant, and testified that defendant agreed to pay one and one-half per cent. and disbursements; on cross-examination he testified that he told defendant the lawyer's charges would be one per cent. and disbursements, and that the plaintiff's charge would be two and one-half per cent., and that defendant agreed to pay it. Held, that a judgment for only one-half per cent. was supported by the evidence, since there was no evidence that defendant promised to pay the plaintiff the attorney's charges, or that plaintiff had promised to pay such amount to the attorney. Robert v. Sire, 67 N. Y. S. 860, 33 Misc. 755. See also Sec. 572.