In an action to recover commissions on a sale or exchange of real estate, the defendant both admitted that the agreement had been made and averred that it was conditional only, and was not to be carried out if the defendant needed the money provided by the agreement for a mining enterprise in which he was interested. He testified that the money was needed in the enterprise, and that the agreement was never carried out. (The evidence showed that nothing was said about money when the negotiations commenced, nor when the property was placed in the hands of the plaintiff for sale. At the trial, a juror asked whether there was "any evidence that there was anything said about money when they entered into this proceeding ?" to which the court replied: " Nothing was said about money. I will leave to you the whole case, whether there was any understanding as to the payment of money or not, or that the defendant could finally withdraw the proposition when he got ready." Held, that the answer of the court was not ground for reversal of the verdict and judgment for plaintiff. Mitchell v. Edeburn, 37 Pa. Super. Ct., 223.