A finding by the court, under a count for four per cent. commission for procuring a loan of $8,000 on a first mortgage; that defendant agreed to pay such commission; that plaintiff unsuccessfully negotiated with a member of a firm for the loan; that plaintiff introduced defendant to such partner, and that thereafter, without plaintiff's knowledge, defendant procured from such partner a loan of $2,000 of his individual funds on a second mortgage, will not support a conclusion of law that defendant was indebted to plaintiff for $80, "being a commission of four per cent. on $2,000." Diltz v. Spahr, 16 Ind. App. 591, 45 N. E. 1066.

Sec, 1053b. Evidence held insufficient to show ability of purchaser to pay for property purchased.

Where a broker sues for commissions for procuring a purchaser able to purchase on defendant's terms, one of which was a cash payment of $25,000, evidence that the purchaser's assets consisted of a stock of groceries, the value of which is not known, and a cause of action against third parties for $10,000 or $12,000, for money loaned, and that he has no funds in his possession; Held, insufficient to show the purchaser's ability to pay $25,000 cash. Schnitzer v. Price, 106 N. Y. S. 767, 122 App. Div. 409. See also Sec. 157.