Defendant was tenant in common of certain premises of which he wished to dispose, and employed plaintiff to sell his interest for him; plaintiff attempted to negotiate a sale to defendant's co-tenant, but was unable to get any definite price or terms from defendant; finally, at plaintiff's suggestion, the co-tenant himself saw defendant, and a settlement was reached by which defendant conveyed the larger part of the premises to the co-tenant, but retained a small tract for himself for his own benefit and according to his own desires. Held, that the deal as consummated amounted to a sale within the meaning of the contract with plaintiff for commissions. Burden v. Briquilet, 125 Wis. 341, 104 N. W. 83; Anderson v. Lewis, 64 W. Va. 297, 61 S. E. 160.