(104) In statute of frauds, Sec. 10, as amended by P. L. 1911, p. 703, relating to commissions of real estate brokers for effecting exchange or sale of lands, the word "exchange" has the same meaning as at common law, and means, a mutual grant of equal interests, the one in consideration of the other. Broker held entitled to recover commissions. Haber v. Goldberg, 105 A. 874, - N. J. Ct. of Err. and App. - .

(105) Although agreement between principal and broker for sale of realty does not provide the rate of commission, or the time as required by Sec. 10 of statute of frauds, as amended by P. L. 1911, p. 703, the fixing the same word as a commission is within the true intent of act, a broker is entitled to recover it. Id.

(106) Supreme Court is not prepared to hold that Civ. Code, Sec. 1624, subd. 6, requiring agreements authorizing or employing an agent or broker to purchase or sell realty for compensation or commission to be in writing, is not applicable in case of a simple contract between such agent or broker and a proposed purchaser to obtain option for purchase of realty. Howard v. D. W. Hobson Co., 176 P. 715, - Cal. Sup. - .

(107) Where broker, in reply to owner's letter inquiring if broker would accept a specified amount as compensation for services, declined to accept such amount, and stated that a much greater amount would be right, and further correspondence did not refer to broker's compensation, the minds of the parties did not meet, and there was no enforceable contract, under Burns's Ann. Stat. 1914, Sec. 7463, requiring broker's contracts to procure a purchaser of real estate, in consideration of certain commissions, to be in writing. Peters v. Martin, 122 N. E. 16, - Ind. App. - .

(108) A memorandum held insufficient under L. 0. L., Sec. 808, on which to base an action for commissions earned by plaintiff as a broker in a sale of real estate, in failing to state consideration. Miller v. Payette Valley Land & Orchard Co., 178 P. 987, - Or. Sup. - .

(109) In oral contract that if plaintiff could sell the defendant's farm for a price and "upon the terms named" in a former written contract, defendant would pay him a commission of 3%, the quoted words had reference to the price specified, and not to the commission to be paid, if the property "is sold, exchanged or bargained for by either party." Oban v. Ducharme, 106 A. 777, - Vt. Sup. - .

(110) A broker's contract for commission "upon consummation of exchange within 24 hours," referred to execution of exchange agreement, and not to actual exchange of deeds. Levy v. Dusen-berry, 163 P. 231, 32 Cal. App. 411.

(111) Where broker had procured a purchaser within time limited, fact that actual exchange of deeds was not made within time allowed for inquiry into title will not defeat his right to commission. Id.

(112) Where a broker was employed to sell land at a certain price, and did so, an amount spent by the principal to put the land in condition to bring the price at which it was sold, could not be deducted from the selling price for the purpose of figuring the broker's commission. Sackett v. Southern Land Co., 161 N. W. 448, - Iowa Sup. - .

(113) Under agreement that broker, acting in the purchase of property, should have one-third of net profits of sale; held, that interest on the enlistment could not be charged in determining the amount of profits. Young v. Canfield's Est, 164 P. 1134,__

Cal. App. - .

(114) A contract fixing the compensation of an agent to sell property at the excess of the purchase price over a stated sum; held, plain and unambiguous, so that it could not be so modified as to entitle the agent to compensation based upon what the purchase price would have been, if the contract had contained the assumed acreage. Warne v. White, 164 N. Y. Sup. 30.

(115) A broker selling realty had no such interest in contract for purchase of land secured by him as authorized him to recover damages for loss of commission from proposed purchaser who refused to comply with contract. Hill v. Alexander, 105 S. W. 957, - Tex. Civ. App. - .

(116) Broker held not required under contract to pay over money collected by it and receive back its commissions, but only required to pay difference, after deducting the commissions earned. Parker v. Seattle Land & Imp. Co., 165 P. 1086, - Wash. Sup. - .

(117) Assignee of real estate broker held not entitled to recover from owner forfeited amount received from purchaser and paid by broker to secure execution of option contract by owner. Hollwan v. German American Mer. Co., 165 P. 30, - Wash. Sup. - .

(118) A broker is not entitled to a lien on the property sold for his commission. Morse v. Duryea, 192 S. W. 477, 174 Ky. 234.

(119) If seller of farm was to receive $40,000, and broker negotiating sale was to receive no commission, but broker procured buyer to pay him $1,000, seller, to whom buyer paid only $40,000, was not liable to pay buyer back $1,000, being retained on broker's part. Gosswiller v. Jansen, 162 N. W. 45, - Iowa Sup. - .

(120) If realty broker, who negotiated sale of farm, was not entitled to commission from seller, and buyer paid him $1,000, on representation such was case, intending to deduct amount from payment to seller, seller was entitled to demand and take full price, without deduction, and buyer to recover from broker amount paid him on his representation. Id.

(121) Under contract giving exclusive agency for the sale of lots, after specifying time, with provision for transfer of unsold lots when principal had received the aggregate sum due him; held, that payments from the fund collected after termination of the contract period could not be excluded in determining whether sufficient sales were made within that time. Cole v. Merchants' Trust Co., 166 P. 871, - Cal. App. - .

(122) "Ability," within the rule that, to be entitled to commission, the broker must procure a customer able, etc., means that he must have the money at the time for cash payment, and not merely property on which he could raise it. Regnor v. Mack-rill 164 K W. 335, - Iowa Sup. - .

(123) Where a broker brought a landowner and a corporation together, and a lease of the land was made to the corporation, together with an option to purchase, the broker to have a certain commission if the corporation exercised its option, a sister of a stockholder who controlled the corporation could purchase the land for her own use and benefit, without the land being burdened with a lien for the broker's commission. Saunders v. Berry, 214 S. W. 58, - Ark. Sup. - .

(124) Under authority to broker to sell lands, terms, "not less than one-fifth down, balance in four equal annual instalments," principals were not bound by a sale 15/26 of price payable at date of transfer of an equity to broker, balance in two annual instalments, shortly afterwards discounted and paid to broker, and appropriated by him, all without knowledge of principals. Schmal-ing v. Swain, 183 P. 580, - Cal. App. - .

(125) Owners' agreement to pay broker a commission "if the property is sold or exchanged before six months, is terminable, regardless of who negotiated the sale;" held legal. Greene v. Minn. Billiard Co., 176 N W. 239, - Wis. Sup. - .

(126) In view of Rev. Acts, Sec. 5084, defining an agreement to sell and buy, and Secs. 5031, 5039, 5041, 5043, as to the construction of contracts, a contract to sell land, providing for payments in instalments, the deposit of the deed in escrow, and the forfeiture of payments for default; held, not a "selling within the agreement to pay a commission to the broker" at time of sale. Wright Land & lnv. Co. v. Evan, 186 P. 681, - Mont. Sup. - .

(127) In a broker's action for commission, instructions requiring the jury, before finding for plaintiff, to find that the purchaser was influenced to purchase the land by plaintiff, were not erroneous, as "influenced", is practically synonymous with "induced" or "procured", and, if anything, is weaker than those words. Schwabe v. Estes, 218 S. W. 908, - Mo. App. -; Low v. Paddock, 220 S. W. 969, - Mo. App. - .

(128) Agreement by large stockholder to pay broker a commission for effecting a sale of corporate lands; held, when construed with reference to an option contract executed by the corporation only shortly before, to be conditioned upon payment in accordance with the terms of the option contract. Hartman v. Selling, 189 P. 887, - Or. Sup. - .