Where defendant entered into a contract for the exchange of real estate, provided that if the other party to the agreement rejected the title on the ground of bay-window and stoop-ledge encroachments, the deposit paid by each party should be returned in full of all claims, of which provision plaintiff, a broker employed by defendant, knew, plaintiff was not entitled to the commission on the rejection of defendant's title because of such encroachments. Hough v. Baldwin, 99 N. Y. S. 545, 50 Misc. 546.