Where one who employed a broker to purchase for him land at a specified price, absolutely refused to complete the transaction, he cannot, at the trial of the broker's action for commissions, set up a defect in the title which if expressed at the time, might have been obviated. Auten v. Jacobus, 47 N. Y. S. 1119, 21 Misc. 632, affirming 46 N. Y. S. 681, 20 Misc. 669.