Testimony that a deed was tendered to the principal, "in pursuance of an agreement between" the parties, is sufficient prima facie, to sustain a finding that it was delivered within thirty days. Beebe v. Roberts, 3 E. D. Smith (N. Y.) 194. A contract of sale signed by the purchaser, unilateral when tendered to the vendor, is prima facie evidence of the purchaser's readiness and willingness to buy. Flynn v. Jordal, 124 Iowa 457, 100 N. W. 325. Evidence by plaintiff that he did business as a real estate agent, though he assisted in the foundry business, and that the usual commissions allowed such agents for selling property of the character in suit was five per cent., was competent as prima facie evidence of value. Ashby v. Holmes, 68 Mo. App. 23. Proof that a party has executed a formal contract to convey certain property in exchange for other, is sufficient prima facie evidence of his title thereto, in an action by a broker for commissions in effecting an exchange. Muscovitz v. Hornberger, 46 N. Y. S. 462, 20 Misc. 558.

Termination of a revocable agreement to sell land by a sale made by the principal before performance by the agent is an affirmative defense which need not be negatived by the agent, in his action for breach of contract, in order to make out a prima facie case. Goldman v. Weisman, 143 K W. 983, 123 Minn. 370.

A broker can not recover a commission for procuring a sale of bonds unless he makes out a prima facie showing of compliance with the conditions of his contract with the owner. Butter-field v. Consolidated Fuel Co., 132 P. 559, 42 Utah, 490.

In an action to recover a broker's commission, where defendant agreed to pay plaintiff a certain commission upon consummation of a deal, a prima facie case held to be made out when plaintiff showed a contract for the sale of the land, formally executed by the parties and accepted by the defendant, notwithstanding defendant later refused to carry out the contract. Dougherty v. Becklenberg, 205 I11. App. 491.