Partial failure of consideration is no defense to an action on a note executed and delivered by the vendee to the broker for a commission for making a sale or exchange of real estate. Wade v. Bishop, 5 Ohio Superior & C. Pl. Dec. 625.

Defendant executed two notes for $385 each in payment of a commission for selling land, and payable only in the event that the vendee of the land remained on it for one year and made improvements equal in value to the notes; the vendees plowed one hundred acres, which increased its value $2.50 per acre, erected buildings, constructed drainage worth $75, and a levee worth $64, but with the consent of defendant, to whom they executed a reconveyance, abandoned the premises before the expiration of a year. Held, that a finding that there was no failure of consideration for the note was proper. Easton Packing Co. v. Kennedy, 131 Cal. 23, 63 P. 130; Webster v. Holmes, 174 Mass. 410, 54 N. E. 872.

Where landowners agreed to pay a commission, and to give the broker an exclusive agency to sell their property, in consideration of his opening and maintaining a city office, the broker can not recover on the contract where he maintained the city office for only a short time. Whitcomb v. Sayer, 144 P. 922, 82 Wash. 572.

Where the landowners agreed to convey to a broker one-fourth of a tract, in consideration of the broker's sale of the remainder, is not entitled to retain the portion conveyed to him. Id.