Where a contract employing plaintiff, the agent of defendant, to sell certain lands, provided that plaintiff should be entitled to a commission whether the property was sold by himself or another, the fact that defendant renders himself unable to perform the contract is no defense to an action for a commission. Van Patten v. Taber, 130 N. Y. Sup. 1055, 71 Misc. Rep. 610.

Owner cannot defeat an action for a broker's commission by the claim that the contract with the prospective purchaser was unsatisfactory, where his only excuse for not accepting it was that he had already sold to another. Paulsen v. Rourke, 145 P. 711, 26 Colo. App. 488.