To an action against a broker employed to sell a dairy for damages sustained by the plaintiff through the broker's failure to record, in accordance with his undertaking, a mortgage taken by him from a purchaser of the dairy securing the latter's notes, which were assumed by a subsequent purchaser of the dairy from him, who afterwards conveyed it, and who, as well as the first purchaser, is insolvent, it is no defense that the dairy, when sold by the first to the second purchaser, was still unincumbered, and that plaintiff rejected an offer by the first purchaser to transfer the dairy to him in satisfaction of the amount due him. Stewart v. Muse, 62 Ind. 385. See also Sec. 349.