To entitle a broker employed to procure a tenant for real estate to commissions, he must negotiate an agreement for a lease which his principal can perform. Mann v. Criswold, 112 NT. Y. S. 271, 59 Misc. 239; Markowitz v. Arrow Const. Co., 169 N. Y. Sup. 159, 102 Misc. Rep. 532.

Broker not entitled to commission where the terms of the proposed lease were never agreed upon, because the owner was dissatisfied with the financial responsibility of the proposed lessee. Kanpolsky v. Heidenreisch, 147 N. Y. Sup. 353.

Where a broker brought the owner of a warehouse under construction and the agent of a proposed tenant together, with a distinct understanding, in writing, with the owner, that should the agent, or any concern represented by him, lease, the broker was to get $1,500, the fact that the owner, because of lack of funds, organized a corporation to complete the construction, did not affect the right of the broker to recover. Tucker, Lynch & Coldwell v. Hawley, 138 P. 358, 23 Cal. App. 460.