In an action by a real estate broker to recover on a special contract for procuring a purchaser, the contract having been made by one alleged to be the agent of the owner, and the authority of the agent being one of the issues, the court properly refused an instruction stating that the plaintiff was entitled to recover if he was employed by the owner, or some one acting for her, without stating that such person must be authorized to so act. Funk v. Latta, 43 Neb. 739, 62 N. W. 65.