Law of Real Estate Brokers With Forms

Cover Law of Real Estate Brokers With Forms
Law of Real Estate Brokers With Forms
Fred Louis Gross
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"•Davis v. Gaaaette, 30 111. App. 44, 45 (1888).
so Jones v. Henry, supra; Hafner v. Herron, 165 111. 246, 247 (1897); Huntemer v. Arent, 16 S. D. 465 (1903).
2i Hancock v. Stacy, 116 S. W. 177 (Tex. 1909).
s» See Howell v. Denton, 68 S. W. 1002 (Tex. 1902).
146 COMMISSIONS AND THEIR RECOVERY.
a purchaser at the price asked by the owner, the latter cannot then impose new conditions. 23 Where nothing is said, the presumption is that the sale is to be for all cash. 24 Where it is agreed that the
...broker shall have commis- sions if he furnishes a purchaser at a fixed price, he is not entitled to compensation under the agreement for furnishing a purchaser at a less price. 25 In such a case, it has been said that the broker cannot recover propor- tionate commissions on the lesser sum, or what his serv- ices were reasonably worth, when he did not declare on a quantum meruit. 2 * But it has been held, however, that if one sues to recover compensation which is fixed in amount by agreement, he may recover upon quantum meruit if he fails to establish his alleged agreement.

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