In an action for compensation for attempting to procure a loan, inconsistency in plaintiffs testimony; held, not to authorize sustaining a demurrer to the evidence. Little v. Liggett, 121 P. 1125, 86 Kan. 747, 40 L. E. A. (N. S.) 39.

Where, in a real estate broker's action for commission, the answer set up plaintiff's fraud, and also that the proposed purchaser was not ready, willing and able to carry out the agreement, and there was some evidence to sustain the defense of fraud, it was error to sustain demurrer to defendant's evidence, though there was no evidence to support the other defense. Avery v. Howell, 153 P. 532, 96 Kan. 657.

In a suit for commission alleged to be due under the terms of a contract for procuring a purchaser of land, a petition failing to show that broker produced a purchaser ready, able and willing to buy on terms proposed by owner, as required by Civ. Code 1910, sec. 3587, was properly dismissed on a general demurrer. Montgomery v. Lester, 104 S. E. 28, - Ga. App. - .

Even if a contract for obtaining a tenant contemplated one with financial ability to perform the lease, the complaint for performing the service, alleging the securing of a tenant "able," ready and willing to "execute" a lease, can be sustained against demurrer as in fact alleging one ready, willing and "financially" able to "perform" the lease. Harritz v. Steers, 185 N. Y. Sup. 704.

In an action by a broker for compensation in negotiating a sale which was never completed, evidence held sufficient to warrant the court in overruling defendant's demurrer thereto. North Ave. Casino Co. of Balti. City v. Ferguson, 100 A. 628, 130 Md. 376.