In an action by a real estate broker for commissions, defendant's admission that plaintiff procured the sale, as appears in the contract between the vendor and purchaser, was evidence for the plaintiff. Dike v. Haight, 108 N. Y. S. 1066.

Where, in an action by a broker for commissions on a sale of real estate, defendant's answer admitted the employment of plaintiff as a broker, and it appeared that the contract of exchange of properties negotiated by plaintiff was signed through his efforts, these facts took the case out of the purview of the Penal Act making it a misdemeanor for one to offer real estate for sale without written authority. Hough v. Baldwin, 99 N. Y. S. 545, 50 Misc. 546.

In a broker's action for compensation, declarations against interest by one who would share in the broker's commissions, and was therefore beneficially interested in the result of the action, were admissible in evidence. Kinnane v. Conroy (Wash. Sup. '09), 101 P. 223.