(1) Brokers who procured a purchaser who signed a contract, but refused to execute because of a shortage of three feet in the dimensions specified in the contract of sale, which corresponded with the contract of employment of the brokers, are entitled to their commissions, notwithstanding a claim of defendant that the brokers knew the actual dimensions when employed, where such defense was not pleaded. Sokolaki v. Bliestift, 129 N. Y. Sup. 26.