the broker had nothing to do, there was no consideration for the promise, is proper.

In an action for real estate commissions, defendant is entitled to an instruction that if, by the terms of the contract, it is shown that there was nothing for the brokers to do, then the promise to pay them commissions was without consideration and void. Wolff v. Denboskey, 74 N. Y. S. 565, 66 App. Div.

428, 36 Misc. 643.