In an action to recover commissions for finding a purchaser it appeared that the contract provided that the terms of payment should be $10,000 within five days, $5,000 additional on promises, etc., that at eight o'clock in the morning of the last day for making a sale, as provided by the contract, plaintiffs and one B. met defendants, and B. offered himself as a purchaser and tendered a check for $10,000 as the first payment; that the check was declined by defendant as not equivalent to money, whereupon they were informed that the money would be produced on the opening of the bank; that defendants said they would allow until 10 o'clock, and plaintiffs and B. endeavored to tender payment to defendant, but were eluded all day by the latter, and at 10 o'clock defendant sold the land to another person; B. had made no written contract for the purchase of the land. Held, that defendants were liable. Oullahan v. Baldwin, 100 Cal. 648, 35 P. 310; Beamer v. Stuber, 145 N. W. 936, 164 Iowa, 309.