Where, in an action by a real estate broker to recover from defendant one-half of the commissions received by the latter on a sale of certain property for the sale of which the plaintiff was agent, the complaint alleged that plaintiff brought the property to defendant's notice, that the latter agreed to cooperate with plaintiff in the sale of the property, and in consideration of his bringing the same to defendant's notice and of his services, defendant agreed to pay plaintiff one-half of the commissions received on the sale of the property, the court properly refused to charge that if the premises in question were brought to defendant's notice prior to the plaintiff's bringing notice thereof to defendant, he could not recover on the contract. Alden v. Robinson, 98 N. Y. S. 675. Sec. 972. Instruction to find for defendant error, where plaintiff shows he induced buyer to make offer accepted. In an action for commissions for the sale of real estate, the only evidence introduced was by the plaintiff, which showed an employment to sell land at a fixed price; that the agent induced the purchaser to make an offer for it; that the offer was finally accepted upon a sale of the property at auction on the terms of the purchaser's offer to the agent; there was no notice of discharge from further services given; and the services were worth a certain sum, as fixed by the contract of employment, which was proved. Held, that the court erred in giving peremptory instructions at the close of plaintiff's testimony to find for the defendants. West v. Prewitt, 19 Ky. L. R. 1480, 43 S. W. 467; Muskowitz v. Miller, 113 N. Y. S. 1037. Compare Sec. 138.