(85a.) In an action for compensation based on a percentage of the value of the property received by defendant in exchange, evidence held not to show as an undisputed fact that defendant assumed a mortgage on the property received, reducing its value by the amount thereof. Id.

(86) In a broker's action against another broker for a share of the commission on a sale, jury's finding as to the value of plaintiff's services were reduced by the trial court; held, not unsupported by the evidence. Johnston v. Porter, 131 P. 69, 21 Cal. App. 97.

(87) Evidence held to sustain a finding that defendants agreed that plaintiff should receive for his services in procuring a purchaser the amount received for defendant's farm above $90 per acre. Tanner v. J. Joslin, 155 N. W. 762, 132 Minn. 1.

(88) In an action by a broker for commissions for procuring an exchange of real estate, evidence held to support a finding that there was no agreement as to which contract his commission should be based on. Leake v. Scaief, 140 S. W. 814, - Tex. Civ. App. - .

(89) In an action to recover compensation for procuring a tenant and securing the execution of a bond to secure the rent, which amounted to $96,000 for the term of the lease, judgment for $960, held, under the evidence, not excessive. Rutz v. Obear, 115 P. 67, 15 Cal. App. 435.

(90) In an action for a broker's commission, an award of $862 for procuring an exchange of property listed by the owner at $35,000 was not unreasonable. Baker v. Barker, 137 N. W. 7, 118 Minn. 419.

(91) In an action involving whether consideration by agreement by plaintiff to pay defendant a commission on sale of real estate and property of a corporation was a loan of money and an extension of payment for services performed by the defendant, a finding that the corporation had appointed defendant its agent; held, outside the issues, and not to support judgment authorizing defendant to hold collateral as security for commissions on a future sale. Blaisdell v. Steinfeld, 137 P. 555, 15 Ariz. 155.

(92) A finding that plaintiff, a real estate broker claiming commission, was employed under a memorandum signed by defendant, sufficiently negatives the defense that the action was barred by Civ. Code, sec. 1624, and Code Civ. proced., Sec. 1973, requiring such contract of employment to be in writing. Curran v. Hubbard, 114 P. 81, 14 Cal. App. 733, re. den., 114 P. 83, 14 Cal. App. 733.

(93) A finding that, through the efforts of the broker employed to procure a purchaser, the negotiations having reached a point where his authority, if revoked, was revoked in bad faith, is a finding that he found the customer for the owner, if he finally agrees on a price with the owner. O'Connell v. Casey, 92 N. E. 804, 206 Mass. 520.

(94) In an action for a broker's commission, finding held equivalent to a finding that the broker had procured a purchaser ready, willing and able to buy. Babcock v. Glover, 174 S. W. 710, - Tex. Civ. App. - .

(95) In a suit against a broker by a purchaser of property to recover a portion of the consideration for an exchange conveyed by complainant to the broker or to another designated by him and retained as part of the commission, evidence held insufficient to establish either the relation of principal and agent between plaintiff and the broker, or the grantee in the property, or such fraud and deceit as would entitle plaintiff to equitable relief. Lotson v. Buck, 130 N. W. 970, 89 Neb. 28.

(96) In an action for deceit in inducing an exchange of land, evidence held insufficient to show authority of the real estate agent to make representations for defendant. Mecwing v. Becker, 152 N. Y. Sup. 385, 166 App. Div. 793.

(97) Evidence held to support a finding that there was no confirmation by the principal of the sale of land by his ostensible agent, who was acting in reality as the agent of the purchaser. Evans v. Brown, 125 P. 469, 33 Okl. 323.

(98) In an action to recover a broker's commission for procuring an exchange of a stock of goods for a tract of land, evidence held insufficient to establish agency. Elliott v. Moyes, 196 I11. App. 605.

(99) Broker's testimony that defendant employed him to sell or exchange lands supported the count of the petition alleging employment. Fisher & Bell v. Carter, 160 N. W. 15, - Iowa Sup. - .

(100) Evidence held not to show any contractual relation between broker and defendant. Dickinson v. Hanley, 160 N. W. 389, - Mich. Sup. - .

(101) In an action for compensation for procuring a purchaser of a lease, evidence held to show employment of plaintiff. Morrow v. Tourtelotte, 160 N. W. 665.

(102) Where real estate broker, unable to agree with owner as to commission, made contract with bank to sell land, which reserved a stated commission for itself; subsequent agreement by broker to accept a less amount; held, not based on sufficient consideration. Bay v. McDonald, 165 P. 1030, 21 Cal. App. 204.

(103) In a real estate broker's action for commission, evidence held to sustain finding that plaintiff was authorized to act for defendant in procuring a purchaser for real estate. Johnson v. Buckley, 163 N. W. 342, - Iowa Sup. - .

(103a.) In an action by corporation as a real estate broker to recover commission for alleged services in procuring a lease, evidence held insufficient to disclose any employment by defendant lessor, broker representing lessee in only negotiations in which defendant participated. Ge. P. Bead & Co. v. Sturges, 163 N. Y. Sup. 559.

(104) The superior court's finding that plaintiff broker was the procuring cause of selling defendant's plant under receivership, must be supported by evidence that broker had brought to receiver's attention the ultimate purchaser, and that sale followed in consequence. Seward v. M. Seward & Son Co., 99 A. 887, 91 Conn. 190.

(105) Where receiver, believing he had no authority to sell defendant's plant for credit, agreed with purchaser procured by plaintiff broker to have stockholders sell their stock, and the sale was confirmed, the court's finding that this was in effect a sale was justified. Id.