A real estate broker said to one of defendant's officers that he could rent defendant's building for a treater, provided defendant would make certain changes. Several interviews followed, and plans of the desired changes were submitted by architects. The rent was practically agreed upon, and defendant also agreed to pay as commissions not more than $3,000, nor less than $2,500, "depending upon the terms and conditions made with the proposed tenants." Defendant finally decided not to rent, whereupon the negotiations were terminated. Held, that defendant was not liable for the commissions. Cohn v. James McCreary Realty Cor., 92 N. Y. S. 143, 102 App. Div. 611; Twelfth St. Market Co. v. Jackson, 102 Pa. St. 269; Mignenult v. Gunther, 171 I11. App. 311; Diamond v. Fay, 138 P. 933, 23 Cal. App. 566; Fleming v. James L. Holden Co., 166 N. W. 1042, 200 Mich. 519; Brokawn v. L. G. House & J. Fink Co., 171 N. Y. Sup. 121; Weller v. Phillip Gross Realty Co., 180 N. W. 927, - Wis. Sup. - . See Sec. 33.