Plaintiff, a real estate broker, being employed by B., a person desirous of purchasing a residence, to find for him such a place as he desired, introduced him to defendant, who had a place to sell, and informed defendant that if B. purchased the property defendant would have to pay plaintiff the usual commission. Defendant had negotiations with B. in regard to a sale of the property, but failed to come to any agreement as to terms, and defendant then sold the property to his brother, who, eleven days thereafter, sold it to B. Held, that in the absence of any evidence to show that the sale by defendant to his brother, and the subsequent conveyance by him to B., was done to defraud plaintiff of his commissions, he could not recover them from defendant. It seems that plaintiff, having been employed by B., any agreement made by plaintiff with defendant for commissions was void as a fraud upon B., in the absence of proof that B. was apprised of such agreement, and assented thereto. Bennett v. Kidder, 5 Daly (N. Y.) 512. Compare Secs. 313, 454.