Where, in an action by a broker for commissions alleged to have been earned in procuring a tenant for defendant's property, there was no showing as to the character or business of the tenant claimed to have been procured, or any other fact tending to show that he was a satisfactory tenant, or that the lease presented to defendant for signature was satisfactory to him; the evidence was insufficient to show performance of service by plaintiff for which defendant was liable, or to show that defendant had no right to lease the premises to another before the lease to the tenant procured by plaintiff was presented for signature. Pescia v. Haims, 99 N. Y. S. 421, 50 Misc. 550.