In an action by a real estate broker for commissions, it appeared that plaintiff obtained for defendant's property, valued at $90,000, an offer consisting of an equity in certain apartment houses estimated at $60,000, and an equity in certain dwelling houses estimated at $30,000, which offer was declined; that plaintiff thereafter obtained from the same person an offer of an apartment house, and a mortgage for $30,000 on the property to be taken from defendant, which was also declined; and that another broker, in ignorance of what plaintiff had done, subsequently obtained from the same person the offer of an equity in an apartment house estimated at $15,000, and mortgages for $85,000 on the property taken of defendant, which defendant accepted. Held, that the offer so accepted was substantially different from either of those submitted by plaintiff, and therefore an instruction, on the theory that they were substantially the same, was misleading. Crowningshield v. Foster,. 169 Mass. 237, 47 N. E. 879.