In an action to recover commissions for selling real estate, where it appears that the commissions were to be paid as certain installments of the purchase money were received, the case is for the jury, where the evidence, although contradictory, tends to show that after certain installments had been paid, the original contract between the seller and the purchaser had not been abrogated, but had been modified, and in the modified form had been executed. Papagian v. Scoit, 37 Pa. Super. Ct. 560.

In an action by a real estate broker for commission on a sale, whether it could be inferred that a conversation between plaintiff and defendant not only had reference to an extension of the option defendant had drawn up in favor of his lessee, a prospective buyer procured by plaintiff, which provided for the payment of a commission to plaintiff, but also revoked the agreement that plaintiff, if he put through a sale, would be entitled to a brokerage of 5%; held, a question of fact for the jury. Kislak v. Rob-erts, 177 N. Y. Sup. 194.