In the absence of any evidence to show that the sale by defendant to his brother and the subsequent conveyance by him to B., was done to defraud plaintiff of his commissions, he could not recover them from defendant. Bennett v. Kidder, 5 Daly (N. Y.), 512; Ham v. Weber, 43 N. Y. S. 1059, 19 Misc. 485. See also Sec. 425a.

On plaintiff's evidence upon an action on an I. O. U, signed by defendant, and followed by the descriptive word, "cashier," for payment of a certain sum on completion of a sale; held, that it was error to direct a nonsuit. Hay v. McDonald, 131 P. 74, 21 Cal. App. 204.

In action by selling agent for commission on sale made directly by vendor, evidence to show agreement between vendor and vendee to pay commission to selling agent, not of itself sufficient, or with other evidence, to show such contract; held, properly rejected and nonsuit ordered. Jordiana & Phillips v. Dixie Culvert & Metal Co., 95 S. E. 679, - Ga. Sup. - .