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.
A petition by a broker for commissions for effecting a sale or exchange of property must allege a contract of employment, and a demurrer was sustained by reason of its failing to do so. Toole v. Baer, 91 Ga. 113, 16 S. E. 378; Fenwick v. Watkins, 25 Ky. L. R. 1962, 79 S. W. 214. The petition may properly set forth the agreement between the owner and the purchaser settling the matter arising out of the owner's failure to sell, as showing an insistence by the proposed purchaser on his right to purchase. Wilson v. Clark, 79 S. W. 649, 35 Tex. Civ. App. 92. Where a petition by a broker employed to secure a loan does not allege that the transaction was consummated, it must allege that plaintiff notified the defendant that a lender was found. McLaughlin v. Whiton, 76 N. Y. S. 1006, 37 Misc. 838; Renter v. Staight, 1 Wash. 365, 25 P. 469. Where plantiff was to receive $1,500 for furnishing a $25,000 cash purchaser, and furnished one who purchased at $20,000 cash, he can not recover proportionate commissions on the lesser sum, or what his services are reasonably worth, when he does not declare on a quantum meruit. Steinfeld v. Storm, 63 N. Y. S. 966, 31 Misc. 167.
 
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