Where a petition alleged a failure of the defendant to make an exchange of property procured by the plaintiff, it was held defective in alleging a contract to procure a purchaser, with an implied contract to pay a reasonable value of the services; consequently there was no breach of contract for which the defendant was liable in damages to the plaintiff, and a demurrer was properly sustained. Mulhall v. Bradley, 63 N. Y. S. 782, 50 App. Div. 179.