Defendant authorized plaintiff, a real estate broker, to sell land, and through him a contract of sale to W. was made of a definite number of acres, eighteen of which were to be made up by defendant's having a thirty-six-acre tract, in which he had an undivided half interest, partitioned; the contract provided that the title was to be passed on by W.'s attorney; the defendant failed to have the partition made, stating that a division line had been adopted by him and his co-tenant, but there was no evidence of this. Held, that W.'s refusal to perform the contract on account of the failure to partition being justified, plaintiff was entitled to recover his commissions of defendant. Albritton v. First Nat. Bk., 38 Tex. Civ. App. 614, 86 S. W. 646. See also Sec. 555.