In an action on an agreement of defendant and one S. to pay plaintiffs a certain commission for negotiating an exchange of their properties, which agreement provided for payment of the commissions on both sides, if either party should refuse to carry out the exchange contract, and it appeared that defendant had defaulted although S. was ready, able and willing to perform, it was error to charge that if there was a breach or alleged breach by defendant of the agreement to exchange, plaintiffs had a cause of action against S. for his proportion of the commissions, since, as he was ready, able and willing to carry out the contract he was not liable for commissions in the absence of the agreement alleged. Goodman v. Linetzky, 107 N. Y. S. 50. For the same reason it was error to charge that irrespective of the agreement as to the payment of the commissions, plaintiffs had a cause of action against S. for his proportion of the commissions. Id.