The plaintiff, who was a real estate broker, agreed before certain commissions were earned by him, to take payment of them in lots of land, and afterwards selected the lots he would take; a deed thereof was duly tendered and refused. Held, that he could not recover the commission in money, on the ground that the agreement to convey the land was void. Bailey v. Gardner, 6 Abb. N. C. (N. Y.) 147. Compare Morey v. Harvey, 18 Colo. 40, 31 P. 719.