Where plaintiff, when she sued to compel specific performance of a contract to convey land, made by defendant with her assignor, knew who.owned the property at the time the defendant undertook to contract for its conveyance, and that the contract was worthless, she was unable to recover the costs incurred in litigation, in an action on defendant's warranty of authority as agent to sell. Rowland V. Hall 106 N. Y. S. 55, 121 App. Div. 459.