Under a complaint alleging that plaintiff was employed by defendant to procure a loan on real estate, for which defendant promised to pay a certain sum on performance, plaintiff was not entitled to recover on proof that he obtained a person willing to make the loan, but refused to do so, because of defects in the defendant's title to the property which was to be mortgaged to secure the loan. Hess v. Eggers, 78 N. Y. S. 1119, 38 Misc. 726; Stone v. Goodstein, 97 N. Y. S. 1035, 49 Misc. 482. Contra, Putzel v. Wilson, 2 N. Y. S. 47, 49 Hun, 220. See also Sec. 570.