Plaintiff sued to recover commissions for selling bonds in Germany; the plaintiff alleged that the sale was not completed because the prospectus furnished by defendant contained false statements; that one defendant sent to Germany with plaintiff by the defendants had such an evil reputation that it prevented the sale; and that defendants recalled plaintiff before he had reasonable opportunity to complete the sales. Held, to state no cause of action for failing to show that performance was impossible because of the bad repute of one of the defendants, that being a risk which was assumed by plaintiff. Lenkel v. Mitchell, 106 N. Y. S. 549, 55 Misc. 395.