A bond was given by A. to convey a lot of land at a price named per square foot, the bond was assigned to B., who employed C. to find a purchaser for the land, agreeing to pay him all he could get over the price named in the bond; C. sold the land at a higher price to D., and A., at the request of B., conveyed the land; in a suit brought by C. against B. to recover the excess over the price named in the bond, B. offered to show that C, at the time of his employment as agent was interested in the land as owner or part owner, and did not disclose this fact to him, and contended that the sale of the land was a fraud upon him. Held, that the question of such ownership was immaterial. Durgin v. Somers, 117 Mass. 55.