Plaintiffs, real estate brokers, were employed by defendant to procure a lease of certain real estate owned by her; they negotiated an agreement for a lease, the terms of which she could not perform, nor could she enforce it against the other parties; and procured her to execute the same upon the assurance that it was effectual. Held, that an action was not maintainable to recover commissions, that to earn the same they were required to procure a lease or a valid agreement for one. Crombie v. Waldo, 137 N. Y. 129, 32 N. E. 1042, 33 N. E. 744; Montgomery v. Knickerbocker, 50 N. Y. S. 128, 27 App. Div. 117; Ward v. Zborowski, 63 N. Y. S. 219, 31 Misc. 66; Armstrong v. O'Brien, 83 Tex. 635, 19 S. W. 268; Hale v. Kumler, 85 Fed. 161, 29 C. C. A. 67, rehearing denied 172 N. Y. 646; Laws & Bradford v. Schmidt, 80 0. S. 108, 88 N. E. 319. See also Sec. 812, and references under Sec. 307.

The owner of real estate agreed with brokers that if they would make a lease of the property, in accordance with her proposition, she would pay the commission stipulated. The proposition was to lease perpetually, lessees to have the privilege of purchase at the end of twenty years, and required the lessees to erect a modern, first-class building, to secure the erection of which they were to deposit $20,000, and, in the event of failure the fund so deposited to go to the owner, but if the building should be completed, then to the lessees, and it was provided that the proposition should be binding on the payment of $1,000, to be credited on the first quarterly payment of rent. Held, that the mere procurement by the brokers of a party who accepted the owner's proposition, but neither did, nor offered to do anything further, the owner not having herself defaulted in any respect, did not entitle the brokers to the commission. Laws v. Schmidt, 80 Ohio St. 108, 88 N. E. 319; Bradford v. Schmidt, 80 Ohio St. 108, 88 N. E. 319.