A contract whereby for a consideration moving from a third person, a clerk agrees to induce his employer to accept a lower price for property about to be sold than was first asked, can not be enforced, in the absence of a showing that the employer knew that his clerk was serving the interests of the purchaser, such a contract being against good morals. Summers v. Cary, 74 N. Y. S. 980, 69 App. Div. 428.

Where the clerk of a broker employed to make a sale of land, who has access to the correspondence between his principal and the vendor, purchases the land himself, though the price paid be fair, and there is no actual fraud, he will be compelled at the suit of the vendor to reconvey such portion of the land as remains in his hands, and to account for the proceeds of what he has sold. Gardner v. Ogden, 22 N. Y. 327.