A contract for the exchange of property made by plaintiff and a purchaser whom defendants had procured, provided that to bind the contract the purchaser had deposited with defendants a deed executed to plaintiffs, and that plaintiffs had paid to defendants $500; if the purchaser failed to perfect his title to the tract conveyed by the deed it should pass in accordance therewith in settlement of commissions and liquidated damages. When defendants learned that the purchaser refused to perform they asked plaintiffs if they should send such deed for record where the land was situated; but plaintiffs replied that they would think about it, and after defendants had held the deed two days without receiving instructions, they sent it to plaintiffs, Who did not have it recorded for three months. The purchaser, in the meantime, had sold the tract to one who recorded his deed prior to the recording of plaintiffs' deed. Held, That plaintiffs' failure to have the deed recorded in time was through their own fault, and would not prevent defendants from recovering their commissions from plaintiffs for procuring a purchaser. Lewis v. Mansfield G. & F. Co. (Tex. C. A. '09), 121 S. W. 585.