While the question of the authority of an agent is for the jury, when that is disputed, the court should declare whether a given act is in excess of the agenfs authority, so that, in an action for commissions for purchasing land for defendant, the court properly instructed that any payments made by plaintiff to sellers, in excess of the amount limited by defendant, was without authority. Mdhon v. Rankin (Or. Sup. '09), 102 P. 608; Larner v. Harve, 155 N. W. 427, 189 Mich. 249; McKinney v. Thedford, 166 S. W. 443, - Tex. Civ. App. -; Gilliland v. Ellison, 137 S. W. 168, - Tex. Civ. App. - . Compare Sec. 695a.