In an action for broker's commissions for procuring a tenant for premises, wherein defendant claimed plaintiff agreed to forego the payment of his commissions until payment of the rent by the tenant, the complaint, in an action by defendant against the tenant for specific performance of the contract procured by plaintiff, and the release subsequently executed to the tenant are admissible, not only as an admission of the contract, but to show that there was an agreement by plaintiff to postpone payment of commissions; defendant had voluntarily put it out of his power to collect such rent. Benedict v. Pincus, 119 N. Y. S. 266.