(124) Where there is evidence that brokers who negotiated trade of two lots procured loan to erect building on one of them, that lender, in accordance with his custom, paid brokers amount of loan, leaving to them matter of ascertaining if title was clear, court's finding that broker was agent of leader is proper. Walker v. Baumeister, 166 P. 1037, - Cal. App. - .

(125) Broker's failure to bring principal and prospective purchaser together; held immaterial, where principal prevents consummation of contract. Blake v. Perrin, 242 F. 54, 154 C. C. A. 646.

(126) Where landowner offered to pay a broker commission if he could procure a purchaser at a stated price, within a fixed time, but the contract did not require broker to produce a binding contract, broker can not be denied compensation because he did not, within the time fixed, obtain such a contract, it appearing that he could readily have obtained it thereafter. Leland v. Barber, 117 N. E. 33, 228 Mass. 144.

(127) In an action to recover a broker's commission, where the purchaser secured for it by plaintiff declined to carry out the contract, because he learned that a building on the land encroached on adjoining land, evidence held to sustain a finding of the court, trying the case without a jury, that plaintiff was chargeable with knowledge of the encroachment before he procured such purchaser. Friends v. Mohin, 202 I11. App. 40.

(128) In an action by a real estate broker against the owner of a building to recover a commission on a lease of the building, evidence held insufficient to show any contract, express or implied, between plaintiff and defendant, in relation to any service to be rendered by plaintiff for defendant in relation to the leasing of defendant's property, or by defendant to pay plaintiff for any services rendered. Sadler v. Schnelbacher, 203 I11. App. 495.

(129) A landowner which places its lands in the hands of a single agent for sale, held, not liable for commission to a third person who made sales of some of the lands. Thrailkill v. Cros-byton-Southplains R. Co., 246 F. 687, 158 C. C. A. 643, L. R. A. 1918 C, 90.

(130) Broker's statement to disinterested third party, that he did not care whether a trade was made or not; held, not an abandonment of the agreement. Zeigler v. Butler, 171 P. 64, - Colo. Sup. - .

(131) Refusal of broker employed to negotiate exchange to accompany his principal, for the purpose of inspecting a stock of goods; held, not an abandonment of the employment. Id.

(132) Although person with whom plaintiff broker had been negotiating for exchange of defendant's land had expressed willingness to exchange upon certain terms; held, reply telegram of such person that he would return at a certain time did not constitute a binding contract. Raleigh Real Estate Co. v. Moser, 95 S. E. 498, 175 N. C. 255.

(133) Demand by plaintiff broker that the defendant listed lot, if sold, that defendant correct mistakes in abstract as to mortgage foreclosure, and make good title as to certain conveyances; held, not to exact of defendant impossibilities not required by contract. Butte Land & Inv. Co. v. Williams, 173 P. 550, - Mont. Sup. - .

(134) Where agent procures & contract for sale of principal's property and payment of earnest money, and principal extends time for completion of sale, and manifests intention to pay commission, he is liable therefor, though agreement is afterwards violated and earnest money forfeited. Maloney v. Aschafferiburg, 78 S. 761, - La. Sup. - .

(135) Owner of land who employed broker to sell on certain terms as to commission and proved contract made; held, liable for 5% commission, under original agreement, though broker at first concealed fact that price received was in excess of authorized price. Clay v. Cummins, 77 S. 328, - Ala. Sup. - .

(136) Where principal takes an automobile as part consideration in sale of land under an agreement with broker that commission was to be only $50 instead of $300, the commission agreed upon in event of a sale of the property under terms listed, broker will be held to such agreement, and can not recover original commission. Britain v. Rice, 204 S. W. 254, - Tex. Civ. App. - .

(137) Where broker consented to reduction in amount of commission to $50 "cash," upon principal's agreement to sell land on different terms than those listed, the word "cash" did not indicate intention that money was to be paid in money, and not other things of value. Id.

(138) Under contract between vendors of farm and their agent, providing price was $20,000 net to vendors; agent, as commission, held entitled only to difference between excess over $20,000 received for land, or $1,000, less amount paid by vendors for taxes under the contract, for which purchaser was otherwise liable. Atwood v. Gugel, 165 N. W. 1085, 166 Wis. 430.

(139) In an action by plaintiff for commission for alleged sale of real estate for defendant, evidence held not to sustain plaintiff's contention that sale by defendant of his land to wife of another broker, and a later purchase of other land from such broker was, in fact, a sale to plaintiff's customer. Mullen v. Crawford, 166 N. W. 694, - Iowa Sup. - .

(140) In an action for real estate commissions in deal consummated by another broker, evidence held to show that plaintiffs were the procuring cause, that they had negotiated with diligence, and that defendants had refused to cooperate with plaintiffs. E. 8. Truitt & Co. v. Gardner, 203 S. W. 638, - Mo. App. - .

(141) If real estate agents know, or should know at the time of exchanging properties, that one party is so mentally deranged as to be incompetent to transact such business, they may be required to respond in damages as participants in fraud. Carson v. Schoenfeld, 166 N. W. 23, 166 Wis. 401, L. E. A. 1918 C, 162.

(142) Evidence held to sustain finding of collusion between agent of plaintiff for purchase of farm and third person, resulting in damage to plaintiff in the enhanced price he was compelled to pay for the land. Millenkamp v. Willenburg, 169 N. W. 112 - Iowa Sup. - .