Where plaintiffs were employed to sell a dairy on certain terms and obtained a purchaser conditioned that the vendor's lessors would consent to assign their lease, and the landlords refused so to do, wherefore the sale was not made, they were not entitled to their commissions. Ward v. Kennedy, 101 N. Y. S. 524, 51 Misc. 422; McCurry v. Hawkins, 103 S. W. 600; 83 Ark. 242; Diamond v. Fay, 138 P. 933, 23 Cal. App. 566. See also Sec. 45.

Where a broker is authorized to negotiate a lease of property, on specified terms to be improved, the improvements not definitely settled upon, and he secured an offer to lease the premises upon other terms than those specified by the owners, and which referred to alterations in the premises to be executed, in accordance with plans mutually agreed upon, the offer is not an acceptance of the owners' offer. Roberts v. New & Beaver Street Corporation, 122 N. Y. Sup. 989, 138 App. Div. 47; Prendergast v. Cord Meyer Co., 156 N. Y. Sup. 750, judg. aff. 161 N. Y. Sup. 1142.