In an action to recover commissions for selling land, in which defendants pleaded in their answer that the contract was that plaintiff was to sell the land and have a commission of one and one-half per cent. if he sold it at $90 per acre, and that they had taken the land out of the hands of plaintiff for sale and sold it themselves, they can not complain of an instruction to the jury to find for them, if the jury believed that the only contract was that if plaintiff would sell the land for defendant at the price of $90 per acre defendants would pay one and one-half per cent. commissions, and that plaintiff failed to sell the land, or find a buyer therefor at that price. Prewitt v. West, 22 Ky. L. E. 492, 55 S. W. 884. See also Sec. 307.