A complaint alleged an authorization to plaintiff to offer certain property for sale, and to be paid ten per cent. on any amounts above $60,000 realized; that within the time stipulated in the contract plaintiff procured an offer of $80,000, and advised defendant that more might be procured; that defendant sold the property for more than said offer, whereby plaintiff became entitled, etc., under the written contract admitted by defendant; the broker was entitled to his commissions if a purchaser was procured willing to pay a sum in excess of $60,000. It was also admitted that plaintiff notified defendant of the offer of $80,000, that he intimated that more could be secured, and that a sale for a larger amount was subsequently made by defendant to such purchaser; plaintiff, in addition to referring to the written contract, testified that when the arrangement was made the services had been rendered, nothing more being contemplated; that the offer was communicated to and defendant advised what the purchasers were willing to pay; that the money demanded was for information given. Held, not such a failure of proof of the cause of action set out in the complaint as to justify the taking of the case from the jury. Geoghegan v. Chatterton, 99 N. Y. S. 702, 113 App. Div. 835.