(32) The owner of real property wrote to a number of brokers asking them to sell his property. A broker who received one of these letters, and who, without having the sale of the property or listing it on his books, found a purchaser and submitted the purchaser's offer of a sum to net the owner the sum fixed by him, which left a surplus as the broker's commission and cost of abstract to be furnished to the purchaser's attorney. Held, that though the broker may not have understood his relations to the owner, he was, as a matter of law, acting as the agent of the owner, and hence, such purchaser was not liable to the agent for commissions on the acceptance of his offer. Minto v. Moore, 55 S. 542, 1 Ala. App. 556.

(33) A contract creating an agency to sell lands on commission construed with respect to the right of the agent to receive commissions from deferred payments as made. Fountain Land & Iron Co. v. Pearsons, 201 F. 324, 119 C. C. A. 562.

(34) A contract to convey bound a purchaser to pay brokers "$300, and seller agrees to pay brokers $100, when deal is completed. Held, that the $300, as well as the $100, was payable only on completion of the transaction. Stanton v. Carnahan, 115 P. 330, 15 Cal. App. 527.

(35) Where a contract with a broker for the sale of land provided that commissions should be due and payable "on the settlement of all sales, for instance, after the purchaser signs the proposition, and pays the earnest money, with a contract to settle the balance of cash required on the first payment, then the commission will be due and payable on that settlement." The term "earnest money" was used synonymously with first payment, and "settlement of all sales" made the full payment of a part of the price which was to be paid in money, whether at the time of the signing of the contract to be subsequently executed or in part then, and the remainder when it was consummated. Kurtz v. Payne Inv. Co., 135 N. W. 1075, 156 Iowa, 376, pet. for re. over. but opin. mod., 137 N. W. 460.

(36) Under a contract fixing the compensation of the agent to procure a purchaser of land, fixing the time for payment as the time of the "consummation" of the sale; "consummation" was the passing of the title, and the compensation was contingent upon that. Morse v. Curley, 85 A. 196, 83 N. J. Law, 416.

(37) Where a contract with a broker provided that all commissions should be taken out of the sums collected, there can be no recovery for sales made upon which the purchase price had not yet been paid. Gossett v. Vaughn, 173 S. W. 733, - Tex. Civ. App. - .

(38) Where a real estate broker, after earning his entire commission, voluntarily agreed to accept payment in instalments as the purchase price was paid, provided such instalments were paid promptly, and the principal failed to make such payments and denied liability. Held, that the broker was absolved from his agreement to defer the payments, and could sue him for the entire commission. McGehee Lumber Co. v. Tomlinson, 63 S. 919, 66 Fla. 536.

(39) When an agreement provided that the brokers were to be entitled to an additional sum if the price exceeded that asked by the seller, they would be entitled to such excess when the same was paid, but an action for the excess could not be maintained until the money was paid. Miller v. Miller, 190 I11. App. 363.

(40) A contract between a broker and a purchaser to exchange the principal's flour mill and other real estate for three houses, and a contract between the purchaser and the principal to exchange the mill for one of the houses; held, not to be so different as to require the broker to recover on a quantum meruit. Waddell v. Noser, 188 I11. App. 302.

(41) Equity is without jurisdiction of an action by a real estate agent with whom land was listed for sale against another agent, for an accounting for profits received by the latter, who procured a purchaser under an agreement to divide the profits with the complainant, since the remedy at law was adequate. Wilson v. McVay, 193 I11. App. 417.

(42) A broker who had no written contract of employment to procure a purchaser for real estate, as required by Burns's Ann. Stat. 1908, Sec. 7463, can not recover for his expenditure of time and money in procuring a purchaser, in an action in which his complaint sounds in tort, for fraud and deceit. Fullenwider v. Goben, 95 N. E. 1010, 176 Ind. 312.

(43) A broker's action for compensation for effecting a sale of land is transitory and in personam only. Brown & Brammer v. Wm. Pearson Co., 150 N. W. 1057, 169 Iowa, 50.

(43a) Where a partnership agreed to pay plaintiff a share of his commissions for a sale of realty owned by some of the partners, who fraudulently refused to collect its commissions, or where the partners fraudulently prevented the collection, the broker could have his rights adjusted in a court of equity so as to prevent the fraud from being perpetrated upon him. Thompson v. Price, 157 S. W. 288, - Tex. Civ. App. - .

(44) Where there was an agreement between plaintiff and defendant for the payment of a fixed sum, and the right to require payment accrued, it could be recovered in an action on an account annexed. Hutchinson v. Plant, 105 N. E. 1017, 218 Mass. 148.

(45) A broker was given an exclusive agency for 60 days to procure a purchaser of real estate for a specified sum, for the usual commission. The owner, seven days before the expiration of the sixty days, sold the property for a less price to one not discovered by the broker, who was not negotiating with any one, who would have bought, either at the stipulated price or at the price obtained by the owner. Held, that the broker could not recover the contract price, under the rule that a party wrongfully discharged from his employment may consider the contract as performed, and recover the contract price, as the absolute measure of damages, but he must treat the contract as rescinded, and, on a quantum meruit, recover the value of his services, and the amount of his expenses, or sue for a breach of the contract and recover the actual damages sustained. Norman v. Vandenburg, 138 S. W. 47, 157 Mo. App. 488.