In an action for commissions for procuring a purchaser of real estate, the defendant claimed that he was a joint owner with a third person, that the broker knew that the third person's consent to a conveyance was necessary, and that the third person refused to give his consent; and the court presented defendant's theory as a denial that plaintiff produced a purchaser ready, able and willing to purchase on terms satisfactory to defendant, the refusal to charge that if the broker knew that the consent of the third person was necessary before defendant could enter into a binding contract, and his consent could not be obtained, plaintiff was not entitled to a commission, was reversible error, though the court stated that he would leave the matter to the jury to take into consideration in arriving at the fac. Jacobson v. Fraade, 107 N. Y. S. 706, 56 Misc. 631. See also Sec. 125.