This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
Plaintiff, a real estate broker, was employed by defendant to sell or exchange for him a farm and four lots, the farm at $5,000, or the whole at $13,000, and agreed to pay plaintiff commissions therefor at the rate of two and one-half per cent.; a purchaser was introduced to defendant by plaintiff, and an exchange finally agreed on, at the valuation of $13,000; but the defendant insisted that the purchaser should pay the plaintiff's commissions, and the purchaser called on plaintiff and told him that it had been agreed between defendant and himself that he (the purchaser) was to pay plaintiff's commissions, and that the exchange had been made at a valuation of $5,000, whereupon plaintiff agreed to look to the purchaser for his commissions, and wrote a letter to defendant to that effect, whereupon the exchange was made. Held, that if the defendant acted on plaintiff's letter, and was guilty of no fraud, it would be immaterial what the purchaser said to plaintiff, as, if the purchaser had deceived plaintiff, defendant was not responsible therefor. McClave v. Maynard, 35 How. Pr. (N. Y.) 313. See also Sec. 588.
 
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